I) 
 
 ^ 
 
 
 Ol ^ 
 
 ^d^ 
 
 '^ ^^, i/Vi2- ( 
 
 -€^^ 
 
 PETITION 
 
 OP THE 
 
 & 
 
 m mm i 
 
 STEAMSHIP COMPANY, 
 
 WITH 
 
 ACCOMPANYING DOCUMENTS. 
 
 -»> ■♦♦» «- 
 
 M. B. BROWN & CO., LAW PRINTERS, 201 & 203 WILLIAM STREET 
 
 1866. 
 
 ^^^^^^^^^^^ip^^?^ 
 
 -^?<5^f^^Sitl 
 
•' 
 
/ 
 
 PETITION 
 
 OF THE 
 
 ^m f otfe Mil Wx xmk ^tmm\x\\y fy. ^^^ 
 
 To THE Senate and House of Representatives of the 
 United States in Congress Assembled : 
 
 The New York and Virginia Steamship Company re- 
 spectfully represent — • 
 
 First — That they were incorporated by the State of 
 New York by an Act passed April 10, 1850, and amended 
 March 3d, 1851, for the purpose of running- steamships 
 between New York and Richmond, Virginia. 
 
 (iSee co-py of Acts of Incorporation and By-Laws annexed, 
 marked No. 1.) 
 
 Second — That from the year 1852^ until April, 1861, 
 acting under their charter aforesaid, they kept up regular 
 steam communication between New- York City and Rich- 
 mond, Virginia ; and that during the Winter of 1860-01, 
 they had three steamships regularly plying between New 
 York and Richmond, leaving New York on Tuesdays, 
 Thursdays, and Saturdays, and leaving Richmond on 
 Mondays, Wednesdays, and Fridays of each week. They 
 carried the U. S. Mail, which they were bound by their 
 contract with our Government; to carry. An advertisement 
 of their days of sailing, etc., was published for several 
 years in the newspapers (See advertisement extracted from 
 

 2 
 
 Journal of Commerce of date April 3, 1861, annexed hereto, 
 marked No. .2,) 
 
 Third — That the steamships plying as aforesaid, between 
 New York and Richmond, in the Spring of 1861, were the 
 Yorktown, of 1,400 tons (see enrollment hereto annexed, 
 marked No, 3), the Jamestown, of 1,300 tons {see enrollment 
 hereto annexed marked No. 4), and the lioanoke. 
 
 Fourth — That the Yorktown cleared ((See manifest maiked 
 No. 5), and sailed from New York for Richmond on the 
 13th of April, 1861 ; tliat she arrived at Richmond on the 
 16th of April, 1861 ; took in cargo, to sail on the 18th of 
 April, 1861, her regular day of sailing, but was seized 
 and detained by order of the Governor of the State of 
 Virginia, on the afternoon of the 17th of April, 1861. 
 (Annexed hereto marked No. 6 is the protest of the Blaster.) 
 
 Fifth — That the Jamestown cleared (See manifest marked 
 No. 7), and sailed from New York for Richmond on the 
 16th of April, 1861, and on the 18th of said April, she 
 was seized upon her way to Richmond, at City Point, 
 and detained by a military force acting under the authority 
 of the State of Virginia. (Annexed hereto, marked No. 8, 
 is the protest of the Blaster.) 
 
 Sixth — That annexed hereto, (marked No. 9,) is a 
 proclamation of the Governor of Virginia, issued 
 April 17, 1861, a so-called " Ordinance of Secession " of 
 Virginia, made April 17, 1861, (marked No. 10,) and 
 a proclamation issued by the President of the United 
 States, on the 19th of April, 1861, blockading certain 
 Southern ports, (marked No. 11,) and a proclamation 
 issued by the President of the United States, on the 27th 
 day of April, 1861, blockading the ports of Virginia, 
 (marked No. 12.) 
 
 Seventh — That on the 24th day of April, 1861, the 
 
Governor of Virginia issued a proclamation, releasing all 
 vessels theretofore seized except the Yorktoion and James- 
 toivn (a copy of which proclamation is hereunto annexed, 
 marked No. 13) ; and that on the 25th day of April, 1861, 
 he issued another proclamation announcing the adoption of 
 the constitution of the Provisional Government of the so- 
 called Confederate States, and a certain ordinance was 
 attempted to be adopted to the same effect by the State of 
 Virginia {lohereof copies are annexed, marked Nos. 14 
 and \ 5. 
 
 Eighth. — That the Roanoke was detained by your peti- 
 tioners upon her regular day of sailing, viz., the 18th day of 
 April, 1861, and that prior thereto, and as soon as they 
 became aware that there was actual danger of a hostile 
 collision between the United States and the Virginia in- 
 surgents, they endeavored to communicate through the 
 telegraph with the Jamestown and Yorktown, and to recall 
 them ; but it was too late. 
 
 Ninth — That the Jamestown was, on the 1st day of Mav, 
 released by order of the Governor of Virginia. That 
 she immediately made preparations to depart with the 
 utmost speed, but just as she got under weigh the order 
 releasing said steamsliip was revoked by the Virginia au- 
 thorities. {Annexed hereto is the protest of the Master with 
 the release and the countermand, marked No. 16.) 
 
 Tenth — That after thi3se seizures, it was proposed by 
 certain persons representing the authorities of Virginia, to 
 compensate your petitioners, by paying them the value of 
 the said two steamers, and the damages sustained by rea- 
 son of their detention, on the ground that they were 
 private propery. 
 
 Eleventh — That, thereupon, your petitioners, although 
 said steamers had already been seized and were beyond 
 their control, being yet fearful lest any negotiation on 
 
 >. 
 
the subjeet might be construed to bo disloyal to the Gov- 
 ernment of the United States, sent to the Secretary of 
 State at Washington an officer of their Company in rela- 
 tion thereto, who, after an interview with him, wrote a 
 letter to him, and received a reply, whicli arc as follow, 
 and whereof copies are also annexed, marked Nos. 17 and 
 18. 
 
 (Mil. HEINEKEN TO MR. SEWARD.) 
 
 Washington, 15th May, 18G1. 
 To THE Honorable W. H. Seward, Present — 
 
 Dear Sir : Keferi-ing to the interview with which you 
 have honored me this morning, in relation to a purchase by 
 His Excellency the Governor of Virginia of our two steara- 
 sliips — the Yorktown and Jamestown — now in his pos- 
 session, you have kindly offered to give me in writing the 
 reasons why you would consider our accepting Governor 
 Letcher's proposals treason ; and, as I am acting as Agent 
 for the New York & Virginia Steamship Co., and being 
 desirous of laying your views upon the subject before our 
 Board of Directors, I take the liberty of accepting your 
 offer. 
 
 I inclose you our Captain's protest against the unlawful 
 seizure of our property. 
 
 Any information with which you may favor me I would 
 thank you to direct to our mutual friend, Mr. Schleiden, 
 Minister Resident of the Republic of Bremen. 
 I remain, most respectfully, 
 
 Your obedient servant, 
 
 G. Heineken. 
 
 (from MR. SEWARD TO MR. HEINEKEN.) 
 
 Department of State, Washington, \ 
 May 16, 1861. j 
 
 Sir: I have received your letter of yesterday's date. 
 
asking- me to give you in writing my reasons for consider- 
 ing an acceptance on your part of Governor Letcher's 
 proposals to purchase the steamships Yorktown and James- 
 town, recently seized by bis orders, and now in his posses- 
 sion, an act of treason. With this request I readily 
 comply. 
 
 An insurrection has broken out in several of the States 
 of this Union, including Virginia, designed to overthrow 
 the Government of the United States. Tlie executive 
 authorities of the State are parties in that insurrection, 
 and so are public enemies. Their action in seizing or 
 buying vessels to be employed in executing that design is 
 not merely without authority of law, but is treason. It is 
 treason for any person to give aid and comfort to public 
 enemies. 
 
 To sell vessels to them, which it is their purpose to use 
 as ships of war, is to give them aid and comfort. To 
 receive money from them in payment for vessels which 
 they have seized for those purposes would be to attempt 
 to convert the unlawful seizure into a sale, and would 
 subject the parties so offending to the pains and penalties 
 of treason, and the Government would not hesitate to 
 bring the offender to punishment. 
 
 I am, Sir, your obedient servant, 
 
 (Signed), William H. Seward. 
 
 To G. Heineken, Esq., 
 
 Agent of the N. Y. & Va. S. S. Co., 
 Washington, D. C. 
 
 Twelfth. — That both vessels were afterwards turned 
 over by the authorities of the State of Virginia to the 
 Government of the so-called Confederate States, and were 
 by them converted into gunboats, and used as such during 
 the whole war ; and were blown up and destroyed by the 
 rebels when Richmond was taken, to prevent their fall- 
 ing into the hands of our Government. The Roanoke, 
 the last remaining vessel of your petitioners, having been 
 saved from the enemy as already stated, was first used 
 
6 
 
 to transport troops for our Government, and afterwards 
 was engaged in trade between New York and Havanna, 
 and on her last trip up was seized and destroyed by 
 re'jel pirates, under command of Lieutenant Braine. 
 
 Thirteenth. — That the foregoing correspondence and 
 an assurance on the part of the U. S. Government that 
 the vessels should be paid for by our Government, pre- 
 vented the taking of any steps in the matter of the York- 
 town and Jamestown by your petitioners until of late, when 
 a further correspondence has been had, whereof a copy 
 is hereto annexed, marked No. 19; and that by these 
 last-mentioned letters it appears that no Department 
 has authority to pay for them. 
 
 Fourteenth — That the wrecks of the two steamers now 
 lie at the bottom of the James River, except certain por- 
 tions of their apparel and tackle which have been already 
 taken by wreckers, who were, as your petitioners are 
 informed, employed by the Government of the United 
 States. 
 
 Fifteenth — From the above statement and the docu- 
 ments appended, it will be made apparent 
 
 1st. That two large and valuable steamers belonging 
 to your petitioners, of 1,300 and 1,400 tons burthen re- 
 spectively, while engaged in their legitimate coasting 
 trade, were seized by the rebels in Virginia, on the 17th 
 and 18th of April, 1861, detained and finally destroyed 
 by them. 
 
 2d. That the so-called ordinance of secession of Vir- 
 ginia was passed on the 17th day day of vVpril, 1861^ after 
 said vessels had sailed, and before either was seized. 
 
 3d. That a blockade w^as established on the 27th of 
 April, 1861, which would have prevented their with- 
 drawal, even had they been released by the rebels. 
 
4th. That the authorities of the State of Virginia, recog- 
 nising the ships as private property, offered to pay for them; 
 but your petitioners declined all negociations, under in- 
 structions from the Secretary of State. 
 
 5th. That the line was thus totally broken up at the time, 
 and their third vessel was also afterwards destroyed by the 
 rebels. 
 
 6th. That persons believed to be employed by our Gov- 
 ernment have already taken possession of such portions of 
 the wrecks of said vessels as can be reached, 
 
 7th. That it is but just, under the circumstances, that the 
 promised reimbursement, by the Government, of the money 
 lost by the seizure and destruction of these two vessels 
 should be made. 
 
 Your petitioners, therefore, respectfully ask that an ap- 
 projjriation be made for their reimbursement, arising from 
 the loss of the Jamestoivn and Yorktoivn, and that the 
 proper department be directed to -paj the same. 
 
 And you petitioners will ever pray, etc. 
 
 The New York and Virginia Steamship Co., ■ 
 
 By Francis Skiddy, President. 
 G. Heineken, Secretary. 
 
 New York, Nov. 20, 1866. 
 
No. 1. 
 
 A. :n a. c t 
 
 TO INCORPORATE THE 
 
 ilefo §0rli iintr Virginia ^tciims^ip €g. 
 
 PASSED APRIL IOtH, 1850. 
 
 The People of the State of New York, represented in Senate 
 and Assembly, do enact as follows : 
 
 Sec. 1, Silas Wood, Henry Lndlam, James Boorraan, 
 Robert L. Taylor, Richard Irvin, Edwin A. Oelriclis, 
 Robert Kermit, and F. A. Conkling, and their associates 
 and successors, are hereby constituted a body corporate, 
 by the name of tlic New York and Virginia Steamship 
 Company, and so to remain and continue lor twenty years 
 next ensuing, for the purpose of building, equipping, fur- 
 nishing, fitting, purchasing, chartering, and owning ves- 
 sels, to be propelled solely or partially by the power or 
 aid of steam, or other expansive fluid or motive power, 
 and to be run and propelled between the City of New 
 York and the City of Richmond, in the State of Virginia, 
 and such other ports and places upon the ocean as may be 
 found expedient and beneficial, and of purchasing, own- 
 ing, and navigating such auxiliary sailing and steam 
 vessels as may bo necessary to provide fuel and other 
 supplies, and for such purposes all the necessary and in- 
 cidental power is hereby granted to said Corporation. 
 
 Sec. 2. The capital stock of said Corporation shall 
 be three hundred thousand dollars, with liberty to in- 
 crease the saniQ, at any time, to a sum not exceeding six 
 hundred thousand dollars ; said stock shall be divided 
 into shares of one hundred dollars each, and shall be 
 
10 
 
 deemed personal property, transferable in sucli manner 
 as the by-laws of said Corporation shall direct. The 
 said Corporation may commence operations when one 
 hnndred and fifty thousand dollars shall have been sub- 
 scribed, and five per cent, on each share subscribed for, 
 paid in. 
 
 Sec. 3. The said Silas Wood, Henry Ludlam, and F. 
 A. Conkling shall be commissioners to receive subscrip- 
 tions for said capital stock, at such time and place in the 
 City of New York as they shall appoint, by giving ten 
 days' public notice thereof in one or more newspapers 
 published in the said city ; and if the whole capital stock 
 shall not bo subscribed for at the time first appointed, 
 other subscriptions may be at otlier times received until 
 the whole amount sluill be subscribed, under such rules 
 and regulations as the Board of Directors of said Corpo- 
 ration sliall prescribe. 
 
 Sec. 4. As soon as one hundred and fifty thousand dol- 
 lars shall have been subscribed, the said commissioners 
 shall call a meeting of the stockholders, by giving ten 
 days' public notice thereof in one or more newspapers 
 published in the City of New York; and said stockholders 
 shall elect by ballot, at such meeting, or at any subse- 
 quent general meeting, seven directors, being stockhold- 
 ers, to manage the concerns of said Corporation, who shall 
 hold their office for one year, and until others are chosen 
 in their places. The directors, except for the first year, 
 shall l)e annually chosen at such time and place as shall 
 be directed by the by-laws of the said Corporation. 
 
 In all meetings of the stockholders, each share shall 
 entitle the holder to one vote, to be given in person or by 
 proxy. In case it should at any time happen that an 
 election of directors shall not be made on the day ap- 
 pointed by the by-laws of the said Corporation, the said 
 Corporation shall not for that cause be deemed to be 
 dissolved, but such election may be held on any day 
 which shall be appointed by the directors of the Corpora- 
 tion. 
 
11 
 
 Sec. 5. The directors (of whom three shall constitute a 
 quorum for the transaction of business) shall appoint one 
 of their number to be President, and may appoint such 
 other officers and agents as they shall deem necessary, and 
 may make and establish such by-laws, rules, and reg- 
 ulations, as they may think proper and expedient, touch- 
 ing the disposition and arrangement of the property, 
 estate, and effects of the said Corporation, the transfer 
 of shares, the duties and conduct of their officers and 
 servants, tlie election and meeting of directors, and all 
 matters whatsoever which may appertain to the concerns 
 of the Corporation. When any vacancy shall happen 
 among the directors, it may be filled by the remaining 
 directors, and the directors may remove all officers ap- 
 pointed by them, and appoint others in tlieir places, and 
 fill all vacancies in the offices. 
 
 Sec. 6. The directors may require payment of sub- 
 scribers to tlie stock, at such time and in such proportions 
 as they may deem proper, under the penalty of forfeiting 
 all stock and previous payments made thereon, and may 
 sue for and recover all such subscriptions. Notice of tlio 
 time and place of such payments shall be published for 
 four weeks previous to such time, at least once in each 
 week, in one or more newspapers published in tlie City of 
 New- York. 
 
 Sec. 7. The said Corporation may have and use a com- 
 mon seal, and the same may alter or renew nt pleasure ; 
 and all contracts may be either verbal or urider the 
 signature of the President and Secretary of the s-aid Cor- 
 poration, and with or without the corporate seal. The 
 said Corporation may purchase, hold, and convey such 
 real estate as may be required for its purposes, to an 
 amount not exceeding fifty thousand dollars. 
 
 Sec. 8. The stockholders of the said Corporation shall 
 be jointly and severally individually liable for all debts 
 that may be due and owing to all their laborers and 
 workmen for services performed for said Corporation. 
 
 Sec. 9. The stockholders of said Corporation shall be 
 
12 
 
 severally individually liable to the creditors of said Cor- 
 poration to an amount equal to the amount of stock held 
 by them respectively, for all debts and contracts made by 
 said Corporation, until the amount of the capital stock of 
 said Corporation shall have been paid in, and a certificate 
 thereof shall have been made and recorded, as prescribed 
 in the following section. 
 
 Sec. 10. The President and a majority of the directors 
 of the Corporation, within thirty days after the payment 
 of the last instalment of the capital stock of said Corpora- 
 tion, shall make a certificate, stating the amount of tlie 
 capital stock of said Corporation, and that the same is 
 paid in, which certificate shall be signed and sworn to by 
 a majority of the directors; and they shall, Avithin the 
 said thirty days, record the same in the office of the Clerk 
 of the City and County of New- York. 
 
 Sec. 11. No stockholder shall be personally liable for 
 the payment of any debt contracted by the said Corpora- 
 tion, which is not to be paid within one year from the 
 time the debt is contracted, nor unless a suit for the col- 
 lection of such debt shall be brought against said Cor- 
 poration within one year after the debt shall become due ; 
 and no suit shall be brought against any stockholder in 
 said Corporation for any debt so conti-acted, unless the 
 same shall be commenced within two years from the time 
 he shall have ceased to be a stockholder in said Corpora- 
 tion, nor until an execution against the Corporation shall 
 have been returned unsatisfied in whole or in part. 
 
 Sec. 12. No person holding stock in said Company as an 
 executor, adminstrator, guardian, or trustee, and no per- 
 son holding such stock as collateral, shall be personally 
 subjected to any liability as a stockholder of said Com- 
 pany ; but the person pledging such stock shall be con- 
 sidered as holding the same, and he shall be liable as a 
 stockholder accordingly, and the estate and funds in the 
 hands of such executor, administrator, trustee, or guardian 
 shall be liable in like manner and to the same extent as 
 the testator, or intestate, or ward, or person interested in 
 
13 
 
 such fund would have been if he had been living and com- 
 petent to act and held the stock in his own name. Every 
 such executor, administrator, guardian, or trustee shall 
 represent the shares of stock owned by him as such ad- 
 ministrator, guardian, or trustee, at all meetings of the 
 Company, and may vote as a stockholder ; and every per- 
 son pledging his stock as aforesaid may, in like manner, 
 represent the same, and vote accordingly. 
 
 Sec. 13. It shall be the duty of the said Corporation to 
 cause a book to be kept by some officer or clerk thereof, 
 containing the names of all persons who are, or who shall, 
 within two years have been, stockholders in said Cor- 
 poration, and sliowing their places of residence, the num- 
 ber of shares of stock held by them respectively, and the 
 time when they became respectively tlio owners of such 
 shares ; which book shall, at all reasonable times, be open 
 for the inspection of the creditors and stockholders of the 
 said Corporation, at the office or principal place of busi- 
 ness of said Corporation. 
 
 Sec. 14. This Act shall take effect immediately. 
 
 ;. [ 
 
 State of New York 
 Secretary's Office 
 I have compared the preceding with an original law on 
 file in this office, and do hereby certify that the same is a 
 correct transcript therefrom, and of the whole of said 
 original. 
 
 Given under my hand and seal of office, this twelfth 
 [L. s.] day of April, one thousand eight hundred and 
 fifty. 
 
 A. Gc. Johnson, 
 Deputy Secretary of State. 
 
14 
 
 A7i ACT to amend the Act entitled " An Act to Incorporate the 
 New York and Virginia Steamship Company, ^^ passed April 
 10^/i, 1 850, so as to enable said Company to commence busi- 
 ness when One Hundred Thousand Dollars of its Capital 
 shall have been subscribed. 
 
 Passed March 3, 1851. 
 
 27*6 People of the State of New York, represented in Senate and 
 
 Asse7nbly, do enact as follows : 
 
 Sec. 1. Section second of the Act entitled " An Act to 
 incorporate the New York and Virginia Steamship Cotn- 
 pany," passed April 10th, 1850, is hereby amended by 
 striking out the words " and fifty." 
 
 Sec. 2. Section fourth of said Act is hereby amended 
 by striking out the words " and fifty." 
 
 Sec. 3. This Act shall take eftect immediately. 
 
 State of New York, 
 Secretary's Office. 
 I have compared tlie foregoing copies of an Act to incor- 
 porate the New York and Virginia Steamship Company, 
 and an Act to amend the said Act, with the original laws 
 on file in this office, and do certify that the same are cor 
 rect transcripts therefrom, and of the wliole of said 
 originals. 
 
 Given under my hand and seal of office, at tlie 
 [L. s.] at the City of Albany, this fourth day ot March, 
 one thousand eight hundred and fifty-one. 
 A. G. Johnson, 
 
 Deputy Sec. of State. 
 
15 
 
 ORGANIZATION 
 
 OF THE 
 
 In pursuance of a call made hy the Commissioners of 
 the New York and Virginia Steamship Company, viz : 
 
 SILAS WOOD, 
 HENRY LUDLAM, 
 F. A. CONKLING, 
 
 the stockholders assembled at the United States Hotel, in 
 tlie City of New York, on Thursday, the 13th day of 
 March, 1851, for the purpose of organizing' said Com- 
 pany in accordance Avith the provisions of their charter. 
 On motion of F. A Conkling, E. M. Greenway was called 
 to the Chair, and A. Thornton appointed Secretary. Af- 
 ter reading the Act of Incorporation by tlie Secretary, 
 the Chairman stated the object of the meeting to be the 
 election of seven directors by ballot for the term of one 
 year. Francis Skiddy, being appointed teller, reported 
 as follows, viz : 
 
 James Boorman had received 
 
 Henry Ludlam " " 
 
 F. A. Conkling " " 
 
 A. Thornton " «' 
 
 F. Skiddy " " 
 
 C. T. Stagg 
 
 C. Edw. Habicht '« " 
 
 E. M. Greenway " " 
 Whereupon the Chairman announced to the meeting 
 that H. Ludlam, F. A. Conkling, A. Thornton, F. Skid- 
 dy, C. T. Stagg, C. Edward Habicht, and E. M. Green- 
 way were elected directors of said Company for twelve 
 months next ensuino-. 
 
 50 
 
 votes. 
 
 GIO 
 
 
 5G0 
 
 
 GIO 
 
 
 GIO 
 
 
 610 
 
 
 6K 
 
 
 560 
 
 
16 
 
 On motion of H. Ludlam the meeting adjourned. 
 
 Edward M. Greenway, 
 
 President. 
 A. Thornton, 
 
 Secretary. 
 A true copy of record. 
 
 Attest G-EO. W. Palmer, 
 
 Secretary pro tern. 
 
17 
 
 No. 1. 
 
 OF THE 
 
 Utto l^^nrli aiitr Dirginiii ^tcamsj)ip Ca. 
 
 Sec. 1. The stock, property a iid concerns of the Com- 
 pany, shall be managed and conducted by a Board of Di- 
 rectors, to consist of seven persons, being stockholders, to 
 be elected in a manner hereinafter mentioned. 
 
 Sec. 2. There shall be an election of directors on the 
 first Tuesday in March each year, three persons to be 
 chosen by the Board at a preceding meeting, to act as 
 Inspectors. The saia election shall be held at the office of 
 the Company, in the City of New York, between the hours 
 of twelve o'clock at noon and two o'clock in the after- 
 noon; and no stockholder shall be appointed as an Inspec- 
 tor of the election who is a director or officer of the Com- 
 pany, ane two of the inspectors chosen may constitute a 
 quorum ; and it shall be the duty of the Secretary to give 
 notice to the persons chosen as inspectors, of their appoint- 
 ment, and request their attendance. The Secretary shall, 
 at least ten days previous to any election, publish a notice 
 of the time and place of holding the same, in one or mere 
 papers published in the City of New York. 
 
 Sec. 3. The election of Directors shall be made by such 
 of the stockholders as shall attend for that purpose, either 
 in person or by proxy, and all elections shall be by bal- 
 lot ; and each stockholder shall be entitled to as many 
 votes as he owns shares of stock of said Company, and 
 the persons having the greatest number of votes shall be 
 declared Directors. At each election the Secretary shall 
 
18 
 
 exhibit to the Inspectors the transfer books of the said 
 Corapaii}', to test the qualification of the voters, and no 
 person shall be admitted to voto, directly or by proxy, 
 except those in whose names the shares of the stock of the 
 Company shall stand, on such books, at the time of the 
 election. All proxies shall be by written power of attor- 
 ney, signed by the stockholders in the presence of a 
 witness, and said proxy shall have been given within 
 sixty days preceding said election. 
 
 Sec. 4. The Inspeators of the elections shall receive the 
 votes, and shall immediately, at the close thereof, canvass 
 the votes, and shall make and sign a certificate, stating 
 the names of the persons elected as Directors, and shall 
 deliver the same to the Secretary of the Company, who, 
 thereupon, shall give notice to the said persons elected, 
 and shall report the certificate to tlie Board of Directors 
 at their next meeting after said election, when the same 
 shall be entered on their book of minutes. 
 
 Sec. 5. There shall be stated quarterly meetings of the 
 Board of Directors, on the second Thursday of the months 
 of July, October, January, and April, to be held at such 
 place in the City of New York, and at such hour, as the 
 Directors may appoint ; and the President may call a 
 special meeting of the Board whenever he may think pro- 
 per, or whenever any two of the Directors shall require 
 him to do so, and the Secretary shall give due notice of 
 of all meetings. 
 
 Sec. 6. Two Directors and the President, or tliree 
 Directors, in liis absence, shall form a quorum for the 
 transaction of the ordinary business of the Company ; 
 but no by-laws shall be passed, repealed, or altered ex- 
 cept at a regular meeting, and when the President and a 
 majority of the Directors shall be present. 
 
 Sec. 7. The officers of the Company appointed by the 
 Board shall be a President and a Secretary and such 
 other officers as the Board may from time to time think 
 necessary ; and the President and Secretary may be mem- 
 bers of the Board. 
 
19 
 
 Sec. 8. The President shall preside at all the meetings 
 of the Board, when present. In case of absence from the 
 city of either President or Secretary, the Board shall fill 
 the vacancy pro tern, from their own number ; and va- 
 cancies created in the direction, by death or resignation, 
 shall be filled by the remaining Directors from the stock- 
 holders, a majority of the votes of all the Directors 
 being necessary to supply such vacancy or vacancies. He 
 shall sign all certificates of stock, and cause the same to 
 be countersigned by the Secretary. 
 
 Sec. 9. The Board shall choose an agent or agents, 
 who shall attend to the regular routine of the affairs of 
 the Company, who shall be stockholders, and may or 
 may not be of the Board of Directors. The agents 
 shall collect all receipts for freight and passage-monies, 
 and shall carry on all the correspondence of the Com- 
 pany relative to receipts and disbursements, and shall 
 contract for and disburse all necessary and current ex- 
 penses incident upon the concerns of the Company. It 
 shall be their duty to keep regular books, by double entry, 
 of all transactions of the Company, and such other books 
 as may be necessary for the routine of the business, which 
 shall be open at all times to the inspection of the Directors. 
 An account shall be kept in bank in the name of tiie New- 
 York and Virginia Steamsliip Company, to the credit of 
 which shall be deposited all monies received on account 
 of the Company; and all expenditures for account of the 
 said Company shall be paid by checks on such bank, 
 signed by the agents. Said agent or agents shall exhibit 
 to the Directors, at the regular meetings, a trial balance- 
 sheet of said books, together with a detailed account of 
 the transactions of the past quarter, and shall from time 
 to time propose to the Board such measures as they 
 may think conducive to the interests of the Company to 
 adopt. 
 
 Sec. 10. The Secretary shall, under the direction of the 
 President, give notice to the Directors of all stated and 
 special meetings of the Board, and shall attend such 
 
20 
 
 meetings and keep the minntes of their proceedings; he 
 shall attend the meetings of any committee, when request- 
 ed by the Chairman, and he shall keep the transfer book 
 of stocks, and shall keep the stock journal and ledgers, 
 where an account shall be kept, in double entry, for each 
 stockholder. 
 
 Sec. 11. Tlie Board of Directors shall have the appoint- 
 ment of all agents, and shall define their duties and fix 
 their compensation ; and- the agents ol the Company in 
 New York shall have the ap])ointment of the captains and 
 engineers, with the assent and approval of the Board of 
 Directors, and said Board shall fix their compensation ; 
 and the New York agents shall have the power, and for 
 neglect of duty or incompetency, or for any just cause, to 
 discharge any of the above-named officers and to appoint 
 others in their stead, subject to the approval of the Board 
 of Directors. 
 
 Sec. 12. Every certificate of stock shall be signed by 
 the President and countersigned by the Secretary, and a 
 book shall be provided by the Secretary, to be called the 
 transfer book, in which all transfers of stock shall be en- 
 tered as above stated. The transfer books shall be closed 
 for the three days next preceding, and on the day of each 
 annual election of Directors. 
 
 Sec. 13. All contracts for alterations or repairs of the 
 steamers belonging to the line, or for erection of docks, 
 pierS; sheds, or any other work deemed necessary by the 
 agents, and for procuring necessary supplies of fuel and 
 other articles, may be entered into l)y the agents in New 
 York, they furnishing an account of same to the Board of 
 Directors at the first meeting after such contracts have 
 been made, for the approval of the Board. 
 
 Sec. 14. A dividend of profits arising from the business 
 of the Company may be declared by the Board of Direc- 
 tors at any of their regular or special meetings, whenever 
 they shall deem it expedient; and such dividend shall be 
 paid to the stockholders, or their legal representatives, at 
 such place and time as the Board may direct ; of which 
 
21 
 
 dividend due notice shall be given to each stockholder 
 by the Secretary, and such dividends shall be paid by the 
 agents. 
 
 Sec. 15. All employees of the Company shall be held 
 liable to the Company for any losses or damages which the 
 Company may have to pay through their negligence or in- 
 attention; and in case of loss of baggage on board any of 
 the steamers, where the Company have to pay for same, 
 the captain of said steamer will be held liable to the Com- 
 pany for amount of said loss, as the privilege of appoint- 
 ing baggage-masters and other assistants on board the 
 steamers is left to the captains, and they must therefore 
 seek their redress from such persons as they have ap- 
 pointed to attend to these matters ; and, in like manner, 
 all employees on the wharf and on board the Company's 
 steamers will be held liable for any losses that may oc- 
 cur through their neglect or inattention. 
 
 Sec. 16. The New York agents shall have authority to 
 make such alterations in the rates of freight or of passage- 
 money as they shall deem most for the interest of the Com- 
 pany, and to make such changes of the steamers and of 
 their days of departure from New York and from the 
 different points of their route as they may deem best and 
 most expedient at the time ; and, further, to act and to do 
 in all such other matters an 1 things appertaining to the 
 steamers as they shall consider most for the advancement 
 and benefit of the Compau3^ 
 
 DIRECTORS OF NEW YORK AND VIRGINIA 
 STEAMSHIP CO. 
 
 1860. 
 
 Edward M. Greenway, President. 
 Francis Skiddy, Henry Ludlam, 
 
 C. Edward Habicht, Wm. A. Freeborne, 
 
 A. B. Clarke, H. C. Von Post. 
 
23 
 
 No. 2. 
 
 VIRGINIA ROUTE. 
 
 THROUGH FREIGHT ARRANGEMENT.— FOR 
 NORFOLK, PORTSMOUTH, CITY POINT, and RICH- 
 MOND, connecting with Norfolk and Petersburg and 
 Southside Railroads for Lynchburg, Bristol, Mempliis, and 
 intermediate stations. Freight received every day, and 
 through receij3ts furnislied, at Pier 13 N. R. 
 
 Steamship JAMESTOWN, Capt. Skinner, leaves every 
 Tuesday, at 3 p. m. 
 
 Steamship ROANOKE, Capt. Couch, leaves every 
 Thursday, at 3 p. m. 
 
 Steamship YORKTOWN, Capt. Parish, leaves every 
 Saturday, at 3 p. m. 
 
 Freight to Norfolk, 7 cents per foot ; to City Point, 8 
 cents, and to Richmond, 9 cents. 
 
 Passage to Norfolk (state-room and meals included), ^8 ; 
 to Petersburg or Richmond, $10. Children between the 
 ages of one and twelve, half price. 
 
 LUDLAM & HEINEKEN, 115 Broadway. 
 
 Bills of lading signed by the Pursers on board. 
 
 Jl^^' Shippers of small packages, say one foot and un- 
 der, will please deliver the same to Adams Express Co., 
 59 Broadway. 
 
25 
 
 No. 3. 
 
 ENROLLMENT 
 
 PERMANENT. 
 
 No. 1. — Enrollment, in conformity to an Act of Con- 
 gress of the United States of America, entitled, " An Act 
 for Enrolling and Licensing Ships or Vessels to be em- 
 ployed in the Coasting Trade and Fisheries, and for reg- 
 ulating the same ;" and of " An Act to provide for the 
 better security of the lives of passengers on board of ves- 
 sels propelled in whole or in part by steam," passed 7th 
 July, 1838, and amended 30th of August, 1853. Edward 
 M. Greenway, President of the New York and Virginia 
 Steamship Company, State of New York, having taken 
 or subscribed the oath required by the said Act, and 
 having sworn that different persons, stockholders in said 
 Company, in shares, are citizens of the United States, 
 and sole owners of the steamship or vessel called the 
 " Yorktown," of New York, whereof Lewis Parrish is at 
 present Master, and as he hath sworn, is a citizen of the 
 United States, and the said steamship or vessel was built 
 at New York, State of New York, in the year one thous- 
 and eight hundred and fifty-nine, as per Register No. 24, 
 issued at this port November 11, 1859, now cancelled ; 
 vessel enrolled. And said register having certified that 
 the said ship or vessel has one deck and two masts, and 
 that her length is two hundred and fifty- one feet, her 
 breadth thirty-three feet, her depth eighteen feet, and 
 that she measures fourteen hundred and three and « tons ; 
 that she is a round-sterned steamship ; has a round tuck, 
 no galleries, and head ; and that the said Edward 
 
 M. Greenway, having agreed to the description and ad- 
 measurement above specified, and sufficient security having 
 
26 
 
 been given according to the said Act, the said steamship 
 has been duly enrolled at the port of New York. 
 
 Given under our hands and seals, at the port of New 
 York, this 3d day of January, in the year one thousand 
 eight hundred and sixty 
 
 Naval Officer. 
 Custom House, New York, |^ 
 Collector's Office, j 
 1 hereby certify the within to be a true copy from the 
 records of this office. 
 
 Given under ray hand and seal of this office, this 6th 
 day of November, 186G. 
 
 ' G. W. Embree, 
 
 Deputy Collector. 
 
27 
 
 No. 4. 
 
 ENROLLMENT 
 
 PERMANENT. 
 
 No. 59. — Enrollment, in conformity to an Act of Con- 
 gress of the United States of America, entitled, " An Act 
 for Enrolling and Licensing Ships or Vessels to be em- 
 ployed in the Coasting Trade and Fisheries, and for reg- 
 ulating the same ;" and of " An Act to provide for the 
 better security of the lives of passengers on board of ves- 
 sels propelled in whole or in part by steam," passed 7th 
 July, 1838, and amended 30th August, 1853. Frederick 
 W. Pleasants, Secretary of the New York and Virginia 
 Steamship Company, an incorporated company in the 
 State of New York, having taken or subscribed the oath 
 required by the said Act, and having sworn that differ- 
 ent persons, stockholders in said Company, in shares, are 
 citizens of the United Ssates, and sole owners of the 
 steamboat or vessel called the " Jamestown," of New 
 York, whereof is at present Master, and 
 
 as he hath sworn, is a citizen of the United States, and 
 the said steamboat or vessel was built at New York, State 
 of New York, in the year one thousand eight hundred and 
 fifty-three, as per certificate of Jacob Westervelt, under 
 whose direction she was built ; and John Cochrane, Sur- 
 veyor of this district, having certified that the said ship 
 or vessel has two decks and two masts, and that her length 
 is two hundred and forty feet three inches, her breadth 
 thirty-three feet six inches, her depth sixteen feet nine 
 inches (half breadth of beam) ; and that she measures thir- 
 teen hundred H tons ; that she is a round-sterned steam- 
 ship ; has a round tuck, no galleries, and a dragon head. 
 And that the said Frederick W. Pleasants, having agreed 
 
28 
 
 to the description and admeasurement above specified, and 
 sufficient security having been given according to the said 
 Act, the said steamship has been duly enrolled at the Port 
 of New York. 
 
 Given under our hands and seals, at the port of New 
 York, this 25th day of June, in the year one thousand 
 eight hundred and fifty-three. 
 
 Naval Officer. 
 Custom House, New York, ) 
 Collector's Office. ) 
 I hereby certify the within to be a true copy from the 
 records of this office. 
 
 Given under my hand and seal of office this Gth day of 
 November, 1866. 
 
 G. W. Embree, 
 
 Deputy Collector. 
 
29 
 
 <u 00 
 
 
 
 
 P^ 
 
 o rt 
 
 
 ;^ 
 
 c s s fl a 
 
 o ,o ,o ,o ' 
 
 "t; "s t: ^ ^ ^ ^ >-. t-, f^ >, >. f^. >^ 
 
 o o o o o o c .t; .ti .-.-.-.- -t; 
 fe!! ;^ Z; S5 ;< S?; fc5 OO ^P^J-LP_ 
 
 £ £ a s a 
 
 o o o o 
 
 PiO^Mtf OS 
 
 £-< c: or; 
 
 
 .e^e^ 5- 
 
 
 be t)D ! 
 
 S T3 -^ O 13 
 
 rv"' ^" 03 - S "^ "d -'^ "^ 
 
 .2 « £^ 
 
 - o s< 
 
 ^. I ^; I 
 
 K Ph H a 2 
 
 iOCOOOOOOOOO 
 
 ^O 
 
 . . Si 
 
 fcC bD 
 
 P3PS 
 
 bo bo 
 
 3 3 
 
 2 a 
 
 9,< 
 
 o c 
 
 2 S 
 
 o a 
 
 fe ^ &: s= 
 D 0) a> O) 
 
 a • S a 
 J* : , a 
 
 
 
 
 
 
 
 
 
 . SJ . • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 : s '■ ^. ■.'2 
 
 • 13 .2 • 
 
 
 
 
 
 •TS 
 
 
 andise. . . . 
 Mercliandi 
 erchandise 
 Merchandis 
 [ercliandise 
 Merchand 
 111(1 isp 
 
 ; o -a ■ 
 
 £.1 
 3 c 
 
 
 en 
 
 •5 
 a 
 
 a 
 
 2 
 
 a 
 
 es Merch 
 ndise. . . 
 
 be o 
 
 « alS 
 
 ^ ^ .a: a;_ - S bO 5 ^ ci „ fci 
 
 I. S. S-iJ o^ otcj c'? e-?-^ 
 
 >^ ^ >> S^ !^- 3 "^ 
 
 > o S i> 0,0 5 ~ ^ □ 4s -p: i-ii 
 
 -? a 3 o> 
 o) <a oj ^ 
 a fe fc S 
 OHHH 
 
 •-I(MCC-^10«C1>00050-^<MOS-* 
 
 lO CD J^- 00 
 
 
 '•xn 
 
 
 • • a ; • • ; 
 
 o 
 o 
 
 T. 1-11.. 
 
 &C. A. 
 
 . W 
 
 
 C 
 
 0. & Co 
 
 id 
 
 &Co.... 
 B 
 
 H o p ^ ^ p; p5 c4 h' d m -^ 02 s w i )4 ^ ^^ 
 
 ^^ 
 
 H^^ 
 
 e4 1-i Q pq -^ M ^ 
 
 S &H »-5 fn' E-I oi 
 
 M 
 
 ^ ^ ^ ^ ^ 
 
 
 
 o o 
 
 f^+J 1 
 
 m bn « 
 'o •> 
 
 
 ^ o 
 
 a a 
 
 t>"3 
 
31 
 
 No. 6. 
 
 April 18, 1861. 
 Protest of Lewis Parrish, Master, and the officers of 
 steamship " Yorktown,'"' against seizure of that vessel 
 by the Yirginia authorities, and orders for her seizure. 
 
 State of Virginia, , , ., 
 ' ' to wit: 
 
 rico, ) 
 
 County of Henri 
 
 Be it known and made manifest to all to whom these 
 presents shall come, that on this eighteenth day of April, 
 in the year of our Lord one thousand eight hundred and 
 Fixty-one, at the hour of ten o'clock in the morning, 
 Lewis Parrish, Master and Captain of the steamer called 
 the "Yorktown," of and belonging to the port of New 
 York, John F. Clark, first mate, and Bartholomew Done- 
 gan, chief engineer, and J. M. Smith, purser, of the said 
 steamer, severally came and personally appeared before 
 me, Alexander H. Sands, Notary Public in and for the 
 said County of Henrico, and did then and there, of their 
 own free will and voluntary accord, before me, the said 
 Notary Public, severally and respectively, and each of 
 them for himself only, allege, affirm, declare, protest, and 
 say, in manner following, that is to say ; and first the said 
 appearants do and each of them doth allege, affirm, de- 
 clare, protest, and say that the said steamer " York- 
 town " plies between the port of New York, State of 
 New York, and the port of Richmond, State of Virginia ; 
 that the said steamer, being hindered on her trip to Rich- 
 mond by a heavy freshet in James River, did not arrive 
 at the port of Richmond until the hour of ten o'clock in 
 the morning of Tuesday, the sixteentli April, one 
 thousand eight hundred and sixty-one ; that the said 
 steamer had fully discharged her freight by the hour of 
 eleven o'clock of the morning of Wednesday, the seven- 
 teenth April, one thousand eight hundred and sixty-one ; 
 
32 
 
 that she commenced taking on freight at the hour of ten 
 o'clock in the morning of Wednesday, the seventeenth of 
 April one thousand eight hundred and sixty-one, prepara- 
 tory to her trip on her return to New York ; that she 
 was continuing to take on freight and receiving a full 
 cargo of goods, wares, and merchandise, with which she 
 was to return to New York, and would have completed 
 the same by nine o'clock of the morning of tliis eighteenth 
 of April, in the year one thousand eight hundred and 
 sixty-one, but that she was -arrested as now about to be 
 stated. And the said appearers did further severally 
 allege, declare, protest, and say, that the said steamer 
 " Yorktown," being at her wharf in the port of Rich- 
 mond, and receiving on board freight as aforesaid, at the 
 hour of two and a hali o'clock of the afternoon of Wed- 
 nesday, the seventeeutli April, one thousand eight hun- 
 dred and sixty-one, cue E. Milton Gary, Captain of 
 Company F, of the First Regiment of Virginia Volun- 
 teers, appeared at the wharf aforesaid, in command of 
 about fifty men under arms, and in the name af the Com- 
 monwealth of Virginia demanded tlie surrender of the 
 said steamer into his hands, and in obedience to such 
 command, it being absolutely impracticable success- 
 fully to resist, the said Captain, Lewis Parrish, de- 
 livered up the said steamer " Yorktown " into the hands 
 of the said Captain R. Milton Gary, and the said steamer 
 " Yorktown " was taken possession of and is now in the 
 custody and under the control of the said Captain Gary, 
 who has placed a guard of five men of the said Company 
 P on board the said steamer under arms ; that the said 
 steamer has not left the wharf at Richmond, but is now 
 detained at the said wharf by order of the said Captain, 
 acting under the authority and by the approval of the 
 Governor of the Commonwealth of Virginia, his PLxccl- 
 lency John Letcher ; and the said steamer has been or- 
 dered not to leave the said wharf, unless by order of the 
 Governor of the Commonwealth of Virginia (as per paper 
 hereto annexed marked " A " appears) ; and the said ap- 
 
33 
 
 pearers did each of them further allege, declare, protest, 
 aud say, that any loss, damage, or accident which has 
 already happened, or may be sustained, either to the said 
 steamer called the " Yorktown," or her cargo on board, 
 or to either of them, is solely owing to the arrest as 
 aforesaid of the said steamer by the said Captain R, Mil- 
 ton Gary, and not by or through any neglect of duty of 
 him, the said Lewis Parrish, or any of the officers or mar- 
 iners on board or belonging to the said steamer " York- 
 town,' and 1, the said Public Notary, at the request of the 
 said Lewis Parrish, Captain and Master of the said 
 steamer " Yorktown," have protested, and do by these 
 presents solemnly protest, against the said Commonwealth 
 of Virginia, the said John Letcher, Governor of the said 
 Commonwealth of Virginia, the said R. Milton Cary, 
 Captain of Company F, of the First Regiment of Vir- 
 ginia Volunteers, the said Company of men who appeared 
 under arms as aforesaid, and against all and every per- 
 son and persons whomsoever whom it doth, shall, or may 
 concern, for and on account of all and all manner of dama- 
 ges, losses, prejudices, and detriments whatsoever, which 
 the said steamer called the "Yorktown," and her cargo 
 on board, or either of them, or any part thereof, have oi- 
 hath already sustained, or may hereafter sustain, and also 
 agaii'st all charges and expenses whatsoever, which the 
 owners or fi'cighters thereof, or any or either of them, or 
 any other person or persons whomsoever, may be put to or 
 sustain for or by reason or means of the aforesaid arrest 
 of the said steamer or otherwise relating tbereto ; all 
 which matters and things were declared, alleged, and 
 affirmed, in the presence of me, the said Notary, and 
 therefore I have hereunto subscribed my name and affixed 
 my notarial seal, being requested to testify and certify 
 the premises. 
 
 Thus done and protested at the County of Henrico, 
 State of Virginia, the day and year first above written. 
 Alexander H. Sands, [seal.] 
 Notary Public. 
 
34 
 
 State op Virginia, 
 
 County 01 Henrico, 
 
 Lewis Parrish, Captain and Master, John F. Clark, 
 first mate, Bartliolomew Donegan, chief engineer, and 
 J. M. Smith, purser, of tlie steamer called the " York- 
 town," having severally duly sworn upon the Holy Evan- 
 gelists of Almighty God, do severally make oath and say, 
 that the several matters and things contained in the in- 
 strument of protest iiereunto annexed are right and true 
 in all respects, as the same are therein particularly 
 alleged, declared, and set forth. 
 
 Sworn by all the said deponents this 18th day of April, 
 A. D. 1861, befoi-e me, 
 
 Alexander H. Sands, 
 
 Notary Public. 
 
 Paper marked "A" referred to in annexed protest of 
 18th April, 1861, arrest of steamer " Yorktown." 
 
 Alexander H. Sands, 
 
 Notary Public. 
 
 Captain: 
 
 Under an order issued by the Governor of Virginia, I 
 take possession of the steamship " Yorktown " under 
 your command. 
 
 The armed guard Avhich are now on board will see 
 that the ship docs not leave the port unless by order of 
 the Governor. 
 
 Yours, very respectfully, 
 (Signed,) R. Milton Gary, 
 
 Captain First Regiment Volunteers. 
 Captain Lewis Parrish, 
 
 Master Steamship " Yorktown." 
 Richmond, April 17th, 1861. 
 
 I approve the above. 
 
 (Signed), John Letcher. 
 
35 
 
 County op Henrico, to wit : * 
 
 This day personally appeared before me the under- 
 signed, a Notary Public for said county, Garret F. Wat- 
 son, and made oath that Captain R. Milton Gary deliv- 
 ered to him the above paper to be delivered to Captain 
 Lewis Parrish, the said paper writing being a certificate 
 of taking possession of the steamship " Yorktown," and 
 the said paper was delivered to the said Capt. Lewis Par- 
 rish ; and the said Lewis Parrish made oath before me, 
 the said Notary, that John Letcher, Governor of the 
 Commonwealth of Virginia, signed the above approval of 
 the said order. 
 
 Given under my hand this 18th April, 186L 
 
 Alexander H. Sands, 
 
 Notary Public. 
 
 [G. W. G., C] 
 ON BOARD. 
 
 Haxall, Crenshaw & Co., 400 bbls. flour. 
 
 C. E. Snodgrass, 3 tcs. and 1 bbl. flax-seed. 
 
 E. J. Hudson, 15 hhds. tob. 
 
 E. W. de Voss & Co., 26 hhds. tob. 
 
 J. Freeland, 18 tcs. tob. 
 
 James Thomas, Jr., 12^ bxs. manuf'd tob. 
 
 W. S. Royster, 14 bags fruit. 
 
 SENT BACK. 
 
 E. W. de Voss & Co., 20 hhds. tob. 
 
 James Thomas, Jr., 28^ tcs., 50 1-3 boxes, and 40 cases 
 
 manuf'd tob. 
 E. J. Hudson, 9 hhds. leaf tob. 
 Jno. Freeland, 6 tcs. tob. 
 
 C. E. Snodgrass, 4 tcs., 1 bbl., and 1 hhd. flax-seed. 
 A. Boling, 2 boxes tob. samples. 
 Ivey & L., 2 demijohns (in bbls.) 1 (in i bbl). 
 J. Bachrach, 1 box merchandise. 
 
36 
 
 T. M. Price St Co., I pkge. 
 
 Geo. Mits, 1^ box tob. 
 
 C. Cottes & Co., 1^ and 1^ cask brandy. 
 
 Dr. P. W. Brown, 1 trunk, 1 box, 1 package. 
 
 State op Yirginia, • , ., 
 ' to wit 
 
 lA, [ 
 irico, f 
 
 County of Hem 
 
 Personally appeared before me, the undersigned, a No- 
 tary Public for tlie county aforesaid, in the State of 
 Virginia, Thomas L. Alfriend, and made oath that the 
 above is a true statement of the goods and merchandise 
 on board the steamer " Yorktown," and of the goods and 
 merchandise which were at the wharf at Rockett's for 
 shipment on the said steamer " Yorktown," and which 
 were sent back on the 17th April, in the year 1861, when 
 the said steamship " Yorktown " was seized by officers 
 acting under the authority of the Governor of the Com- 
 monwealth of Yirginia. 
 
 Given under my hand on this 23d day of April, in the 
 year 1861. 
 
 Aelxander H. Sands, 
 
 Notary Public. 
 
 State of New York, , 
 
 City and County of New Yo 
 
 rk, j 
 
 George W. Greene, of said city, being duly sworn, de- 
 poses and says that he has carefully read and compared 
 the foregoing and annexed copy protest and papers 
 marked " G. W. G., A," " G. W. G., 13," and " G. W. 
 G., C," and that they are correct and true copies of the 
 original protest and papers of which the same purport to 
 be copies. 
 
 G. W. Greene. 
 
 Subscribed and sworn to ) 
 
 before me this 14th May, 1861. j 
 
 Washington Murray, 
 
 Notary Public. 
 
37 
 
 « 
 
 fl >■ 
 
 .S - 
 
 *" o 
 
 ^ PI 
 
 1 « 
 o .^ 
 
 " rS 
 
 ? t 
 
 2 ^ 
 
 •S /4 
 
 12; ^ 
 
 a a c c G 'H 'S '^" "H "5 '^" "H 
 ^' ^' ^' ^ ^ o 'o 'o 'o 'o 2 ° '-' '-' ° ® ® 
 
 SSSSS'^^^^'^ 2 § § I § i s 
 
 !z;!igi:iq:?;;gbbbobp:;tfpg pHtf ajCij 
 
 o 
 
 ^ <u S 5 2 
 
 « g .2 a s 
 
 ■»" == 'H W = ^ r^ 
 
 
 
 ^ _" 
 
 w 
 
 ^ — ■— 
 
 C5H 05 ^r/5^ Q 
 
 o 
 
 to . . • 
 
 Q h" d '^' 
 
 o 
 ^ fcr>- o 
 
 
 ^-i^-- 
 
 
 H **)' ^ tH 0-J-5_ 
 
 ,iij-!^^^,;i^^^^_;i^^-;s:-^^-ii! 
 
 o o o o o o o 
 
 ^ >-l >-l >-l >H ^ >H 
 
 o o o o 
 
 t>l >-< r*^ >-l 
 
 O O O O O O 
 >H >H >-l >H P>H >H 
 
 s: 
 
 fe S: 
 
 ^ 
 
 ^ 
 
 & 
 
 ^ 
 
 >: 
 
 fe s 
 
 fe & 
 
 ^ 
 
 fe 
 
 & 
 
 fe: 
 
 &^ 
 
 oajooocioijoiucraiaioaiiaa) 
 
 ;2;:i^:^;2;;«^:2;:i^;^^^^:^j<5'^:2;;^:55 
 
 
 
 
 
 
 
 
 
 d 
 
 
 
 
 
 
 
 • O 
 
 
 
 
 
 
 .- 
 
 
 
 
 
 
 
 •o 
 
 
 
 
 
 
 3 
 
 
 
 c;> 
 
 
 c 
 
 11 
 
 c 
 C 
 
 
 
 c 
 
 c 
 
 
 O 
 
 , 5 -£ 
 
 c 
 
 a 
 
 c 
 1/ 
 
 c 
 
 d 
 
 OS 
 
 oTEh 
 
 3 • 
 So 
 
 o^S^ 
 
 
 •-sO 
 
 ■ -^ P .=; '^ cc r^ ' 
 W ^ (5 i ? . S ' 
 
 -T^ n s 5 
 
 OH 
 
 fcCS 
 
 o 
 
 I« ^ ^ 1.2 ?^ <i> M 
 
 S ^ r*i S 53 ^ oj 
 
 
 fcc-s^^i 
 
 ^ — k^^t3 ? tc « " 
 
 o S' 0) .2i 
 
 ^J 2 2 s « "^ 
 
 3 > •- h C i; 3 
 o .£ J2 X3 (u -c o 
 fe ta H H HH tin 
 
 Hc/:HfeEHHtaHHfa 
 
 rHlNMT^lffl^t-OOOSO 
 
 (M CO Tti la o i> 
 
 a s o 
 
 •r* a. 
 .Sfi 
 
 la 
 
 Sin 
 
 «^ 
 
 3 
 
 f^s 
 
 3 
 
39 
 
 No. 8. 
 
 April 19, 1861. 
 Protest of Thomas Skinner, Master, and the officers of 
 steamship "Jamestown" against seizure of that vessel 
 by the Virginia authorities, and orders for her seizure. 
 
 State of Virginia, ] 
 
 f^ TT \ to wit: 
 
 County of Henrico, j 
 
 Be it known and made manifest to all to whom these 
 presents shall come, that on the nineteenth day of April, 
 in the year of our Lord eighteen hundred and sixty-one, 
 at the hour of nine and a half o'clock in the morning, 
 Thomas Skinner, Master and Captain of the steamer 
 " Jamestown," of and belonging to the port of New York, 
 and plying between that port and the port of Richmond, 
 State of Virginia, and V. H. Tatum, Purser of the said 
 steamer, severally came and personally appeared before 
 me, Alexander H. Sands, Notary Public of the said 
 County of Henrico, and did then and there, of their own 
 free will and voluntary accord, before me, the said Public 
 Notary, severally and respectively, and each of them for 
 himself only, allege, affirm, declare, protest, and say in 
 manner as following, that is to say: 
 
 And first, the said appearants do and each of them 
 doth allege, affirm, declare, protest, and say that the said 
 steamer reached City Point, Prince George County, on 
 her way to Richmond, at the hour of two and a half 
 o'clock of Thursday, the I8th of April, in the year 1861. 
 She landed at that hour at her wharf, at City Point, and 
 was discharging freight for Petersburg and the vicinity of 
 City Point. While engaged in discharging the freight at 
 that Point Col. E. L, Brockett, of Petersburg, appeared 
 on the ground with a large company of men, a squad of 
 about twelve of whom were under arms, and took posses- 
 sion of the said steamer there. The Colonel (Brockett) 
 
40 
 
 permitted the freight for Petersburg and the vicinity 
 of City Point to be discharged fully : and after the 
 freight for Petersburg and the vicinity of Ciiy Point 
 was lully discharged, the Colonel gave orders to chain the 
 steamer to the wharf at City Point, with the view to have 
 her subsequently carried to Richmond. The said Captain 
 Skinner, seeing it was useless to resist her being brought 
 to Richmond, which was her destination, went on board 
 and remained on her until she arrived at the wharf in 
 Richmond. 
 
 She reached Richmond about the hour of eight o'clock 
 P.M. of the 18th April, 1861, having on board a cargo 
 for Richmond, and in the charge and custody of Col. 
 Brockett ; that Col. Brockett subsequently delivered her 
 into the custody and charge of a squad of soldiers, act- 
 ing under the authority of the Commonwealth of Virginia, 
 the order for which is in writing and is hereto annexed ; 
 that the Sergeant Robinson, to whom the order was given 
 to take charge of her, handed the paper to the said Cap- 
 tain Skinner when he took charge of the said steamer, 
 the said order was approved by John Letcher, Governor 
 of the Commonwealth of Virginia; that the said steamer 
 is now^ lyiwg ^t the wharf at Richmond, with a cargo on 
 board for Richmond City. And the said appearers did 
 each of them further allege, declare, protest, and say 
 that any loss, damage, or accident which has already hap- 
 pened or may be sustained either to the said steamer, 
 called tlic " Jamestown," or her cargo on board, or to 
 either of them, is solely owing to the seizure as aforesaid of 
 the said steamer by the said Colonel Brockett and her de- 
 tention as aforesaid, and not by or througli any neglect of 
 duty of him, the said Skinner, or any of the officers or mari- 
 ners on board or belonging to the said steamer '-James- 
 town." And I, the said Public Notary, at the request of 
 the said Thomas Skinner, Captain and Master of the 
 said steamer " Janicsto\vn," have protested, and do by 
 these presents solemnly protest, against the said Com- 
 monwealth of Virginia, the said Colonel E. L. Brockett, 
 
41 
 
 the said company of men who appeared on the wharf at 
 City Point and assisted the said Brockett, the said John 
 Letcher, Governor of the Commonwealth of Virginia, 
 and against all and every person and persons whomsoever 
 whom it doth, shall, or may concern, for and on account 
 of all and all manner of damages, losses, prejudices, and 
 detriment whatsoever, which the said steamer, called the 
 "Jamestown," and her cargo on board, or either of them, 
 may, or any part thereof have, or hath already sustained, 
 or may hereafter sustain ; and also against all charges 
 and expenses whatever which the owners or freighters 
 thereof, or any or either of them, or any other person or 
 persons whomsoever may be put to or sustain for or by 
 reason or means of the aforesaid seizure and detention of 
 said steamer, or otherwise relating thereto. All which 
 matters and things were declared, alleged, and affirmed 
 in the presence of me, the said Notary ; and, therefore, I 
 have hereunto subscribed my name and affixed my nota- 
 rial seal, being requested to testify and certify the 
 premises. 
 
 Thus done and protested at the County of Henrico, 
 State of Virginia, the day and year first above written. 
 Alexander H. Sands, 
 
 Notary Public. [seal.] 
 
 (COPY.) 
 
 State of Virginia, ) 
 
 I ss ■ 
 County of Henrico, 3 
 
 Thomas Skinner, Captain and Master, and V. H. 
 
 Tatum, Purser of the steamer called the " Jamestown," 
 
 being severally duly sworn upon the Holy Evangelists of 
 
 Almighty God, do severally make oath and say that the 
 
 several matters and things contained in the instrument of 
 
 Protest hereto annexed are right, and in all respects as 
 
 the same are therein particularly alleged, declared, and 
 
 set forth. 
 
42 
 
 Sworn to by all the said deponents, this nineteenth day 
 of April, A. D. 1861, before mc, 
 
 Alexander H. Sands, 
 
 Notary Public. 
 
 (COPY.) 
 
 Sergeant Robinson is ordered to place a guard on the 
 steamship " Jamestown," and inform the Master (Captain 
 Skinner) that by order of the Governor of Virginia she 
 is not to leave this port. 
 
 R. Milton Gary, 
 
 Captain F. Co., 1st. Reg- Vols., 
 April 18, 1861. 
 
 If Sergeant R. apprehends any attempt to move the 
 ships under liis charge, he will communicate with me. 
 
 (COPY.) 
 
 County of Henrico, to wit: 
 
 I, Alexander H. Sands, a Notary Public for the County 
 of Henrico, hereby certify that I am well acquainted with 
 the handwriting of R. Milton Cary, having frequently 
 seen him write, and that the foregoing is in the handwri- 
 ting of the said R. Milton Cary, as I verily believe. 
 
 Witness my hand, this nineteenth of April, 1861. 
 
 Alexander H. Sands, N. P. 
 
 (COPY.) 
 
 G. W. G., No. 3. 
 
 Captain : 
 
 By order of the Governor of Virginia I have taken 
 possesion of the steamship "Jamestown," under your 
 
43 
 
 command. The guard on board will see that your ship 
 does not leave this port, unless by order of the Governor. 
 Yours, very respectfully, 
 
 B,. Milton Gary, 
 
 Gapt. 1st. Regt. Vols. 
 
 April 19, 1861. 
 Gapt. Thos. Skinner, 
 
 Master steamship " Jamestown." 
 
 (COPT.^ 
 
 I approve the above. 
 
 John Letcher. 
 
 State op New York, ^ 
 City and Gounty of New York, ) 
 
 George W. Greene, of said city, being duly sworn, 
 deposes and says that he has carefully read and com- 
 pared the foregoing and annexed copy Protest and papers 
 marked G. W. G., No. 1 ; G. W. G., No. 2; G. W.'g., 
 No. 3, and G. W. G., No. 4; and that they are correct 
 and true copies of the original Protest and papers of 
 which the same purport to be copies. 
 
 G. W. Greene. 
 Subscribed and sworn to i 
 
 before me this 14th May, 1861. [ 
 
 Washington Murray, 
 
 Notarv Public. 
 
45 
 
 No. 9. 
 
 GOVERNOR LETCHER'S PROCLAMATION. 
 
 Whereas, seven of the States, formerly composing a part 
 of the United States, have, by authority of their people, 
 solemnly resumed the powers granted by them to the 
 United States, and have framed a Constitution and or- 
 ganized a Government for themselves, to which the people 
 of those States are yielding willing obedience, and have 
 so notified the President of the United States by all the for- 
 malities incident to such action, and thereby become to the 
 United States a separate, independent, and foreign power: 
 And whereas, the Constitution of the United States has 
 invested Congress with the sole power to " declare war," 
 and until such declaration is made the President has 
 no authority to call for an extraor dinary force to wage 
 offensive war against any foreign power : and whereas, 
 on the 15th inst., the President of the L^nited States, in 
 plain violation of the Constitution, issued a proclama- 
 tion calling for a force of seventy-five thousand men, to 
 cause the laws the United States to be duly executed over 
 a people who are no longer a part of the Union, and in 
 said proclamation threatens to exert this unusual force to 
 compel obedience to his mandates ; and whereas, the General 
 Assembly of Virginia, by a majority approaching to en- 
 tire unanimity, declared, at its last session, that the State 
 of Virginia would consider such exertion of force a vir- 
 tual declaration of war, to be resisted by all the power 
 at the command of Virginia; and subsequently, the con- 
 vention now in session, representing the sovereignty of 
 this State, has reaffirmed, in substance, the same policy, 
 with equal unanimity ; and whereas, the State of Vir- 
 ginia deeply sympathizes with the Southern States in the 
 wrongs they have sufi"ered, and in the position they have 
 assumed, and having made earnest efforts peaceably to 
 
46 
 
 compose the differences which have severed the Union, 
 and having failed in that attempt, through this unwar- 
 ranted act on the part of the President,' and it is believed 
 that the influences which operate to produce this proclam- 
 ation against the seceded States will be brought to bear 
 upon this Commonwealth, if she should exercise her un- 
 doubted right to resume the powers granted by her peo- 
 ple, and it is due to the honor of Virginia that an improper 
 exercise of force against her people should be repelled : 
 Therefore, T, John Letcher, Governor of the Common- 
 wealth of Virginia, have thought proper to order all 
 armed volunteer regiments or companies within this State 
 forthwith to hold themselves in readiness for immediate 
 orders, and upon the reception of this proclamation to 
 report to the Adjutant- General of the State their organ- 
 ization and numbers, and prepare themselves for efficient 
 service. Such companies as are not armed and equipped 
 will report that fact, that they may be properly supplied. 
 In Witness Whereof, 1 have hereunto set 
 
 my hand and caused the seal of the Com- 
 [r.. s.] mon wealth to be affixed, this 17th day of 
 
 April, 1861, and in tlie eighty-fifth year of 
 
 the Commonwealth. 
 
 John Letcher. 
 
47 
 
 No. 10. 
 
 VIRGINIA'S ORDINANCE OF SECESSION. 
 
 The following is tlie " ordinance to repeal the ratifica- 
 tion of the Constitution of the United States of America 
 by the State of Virginia, and to resume all the rights 
 and powers granted under said Constitution," which 
 passed the State Convention on the 17th of April, 1861 : 
 
 The people of Virginia, in the ratification of the Con- 
 stitution of the United States of America, adopted by 
 them in convention, on the 25th day of Jane, in tlie year 
 of our Lord one thousand seven hundred and eighty-eight, 
 having declared that the powers granted under the said 
 Constitution were derived from the people of the United 
 States, and miglit be resumed whensoever the same should 
 be perverted to tlieir injury and oppression ; and the 
 Federal Government, having perverted said powers, not 
 only to the injury of the people of Virginia, but to the 
 oppression of the Southern Slaveholding States : 
 
 Now, therefore, we, the people of Virginia, do declare 
 and ordain that the ordinance adopted by the people of this 
 State in convention, on the twenty-fifth day of June, in 
 the year of our Lord one thousand seven hundred and 
 eighty-eight, whereby the Constitution of the United States 
 of America was ratified ; and all acts of the General As- 
 sembly of this State, ratifying or adopting amendments to 
 said Constitution, are hereby repealed and abrogated ; 
 that the union between ihe State of Virginia and the other 
 States under the Constitution aforesaid is hereby dis- 
 solved ; and that the State of Virginia is in the full posses- 
 sion and exercise of all the rights of sovereignty which 
 belong and appertain to a free and independent State. 
 And they do further declare that said Constitution of the 
 United States of America is no longer binding on any of 
 the citizens of this State. 
 
48 
 
 This ordinance shall take effect and be an act of this 
 da}^, when ratified by a majority of the votes of the peo- 
 ple of this State, cast at a poll to be taken thereon on 
 the fourth Thursday in May next, in pursuance of a 
 schedule hereafter to be enacted. 
 
 Done in Convention in tlie City of Richmond, on the 
 seventeenth day of April, in the year of our Lord one 
 thousand eight hundred and sixty-one, and in the eiglity- 
 fifth year of the Commonwealth of Virginia. 
 A true copy. 
 
 Jno. L. Eubank, 
 
 Secretary of Conveiation. 
 
49 
 
 No. 11. 
 
 A PROCLAMATION 
 
 BY 
 
 THE PRESIDENT OF THE UNITED STATES OF 
 AMERICA. 
 
 Whereas, An insurrection against the Government of 
 the United States has broken out in the States of South 
 Curolina, Georgia, Alabama, Florida, Mississippi, Lou- 
 isiana, and Texas, and the laws of the United States for 
 the collection of the revenue cannot be efficiently execu- 
 ted therein conformably to that provision of the Consti- 
 tion which requires duties to be uniform throughout the 
 United States : 
 
 And, whereas, a combination of persons, engaged in such 
 insurrection have threatened to grant pretended letters 
 of marque to authorize the bearers thereof to commit 
 assaults on the lives, vessels, and property of good citizens 
 of the country, lawfully engaged in commerce on the high 
 seas and in waters of the United States: 
 
 And, whereas, an Executive Proclamation has been al- 
 ready issued, requiring the persons engaged in these dis- 
 orderly proceedings to desist therefrom, calling out a 
 militia force for the purpose of repressing the same, and 
 convening Congress in extraordinary session to deliberate 
 and determine thereon : 
 
 Now, therefore, I, Abraham Lincoln, President of the 
 United States, with a view to the same purposes before 
 mentioned, and to the protection of the public peace and 
 the lives and property of quiet and orderly citizens pur- 
 suing their lawful occupations, until Congress shall have 
 assembled and deliberated on the said unlawful proceed- 
 ings, or until the same shall have ceased, have further 
 deemed it advisable to set on foot a blockade of the ports 
 
50 
 
 within the States aforesaid, in pursuance of the laws of 
 the United States and of the laws of nations in such 
 cases provided. 
 
 For this purpose a competent force will be posted so 
 as to prevent entrance and exit of vessels from the ports 
 aforesaid. 
 
 If, therefore, with a view to violate such blockade, 
 a vessel shall approach, or shall attempt to leave any of 
 the said ports, slie will be duly warned by the comman- 
 der of one of the blockading vessels, who will endorse on 
 her register the fact and date of such warning; and if the 
 same vessel shall again attempt to enter or leave the 
 blockaded port, she will be captured and sent to the 
 nearest convenient port, for such proceedings against her 
 and her cargo as prize, as may be deemed advisable. 
 
 And I hereby proclaim and declare, that if any person, 
 under the i)retcnded authority of said States, or under auy 
 other pretence, shall molest a vessel of the United States, 
 or the persons or cargo on board of her, such person will 
 be held amenable to the laws of the United States for 
 the prevention and punishment of piracy. 
 By the President, 
 
 Abraham Lincoln. 
 
 William H. Seward, 
 
 Secretary of State. 
 ■ Washington, April 19, 1861. 
 
51 
 
 Na 12. 
 
 BLOCKADE OF NORTH CAROLINA AND 
 VIRGINIA. 
 
 By the President of the United States of America. 
 
 Whereas, for the reasons assigned in my proclamation 
 of the 19th lust., a blockade of the ports of the States of 
 South Carolina, Georgia^ Florida, Alabama, Louisiana, 
 Mississippi, and Texas was ordered to be established; 
 and whereas, since that date public property of the 
 United States has been seized, the collection of the revenue 
 obstructed, and duly conunissioncd officers of tiie United 
 States, while engaged in executing the orders of their 
 superiors, have been arrested and held in custody as pris- 
 oners, or have been impeded in the discharge of their 
 official duties, without due legal process, by persons claim- 
 ing to act under authority of the States of Virginia and 
 North Carolina, an efficient blockade of the ports of these 
 States will therefore also be established. 
 
 In witness whereof, I have hereunto set my hand and 
 caused the seal of the United States to be affixed. 
 
 Done at the City of Washington this 27th day of April, 
 in the year of our Lord one thousand eight hundred and 
 sixty-one, and of the Independence of the United States 
 the eighty-fifth. 
 
 By the President, 
 
 Abraham Lincoln. 
 
 William H. Seward, 
 
 Secretary of State. 
 
53 
 
 No. 13. 
 
 PROCLAMATION OF GOV. LETCHER. 
 
 Whereas, in the emergency which was supposed to ex- 
 ist during- the past week, arising from information that 
 an invasion of the rivers of the State wis about to be 
 made, and the movements of the vessels of the United 
 States with troops into the waters of this Commonvvealtli, 
 and the unusual destruction of public property by the 
 agents of that Government, both at Harper's Ferry and 
 at the Gosport Navy Yard, gave ample reason for such be - 
 lief; and whereas, under such circumstances, sundry vcf- 
 sels in the waters of the James River, the Rappahannock, 
 York, and Potomac Rivers, and their tributaries, have 
 been seized and detained by the authorities of the State, 
 or officers acting under patriotic motives without author- 
 ity, and it is proper that such vessels and property should 
 be promptly restored to the masters in command, or the 
 owners thereof ; therefore, I, John Letcher, Governor of 
 the Commonwealth, do hereby proclaim that all private 
 vessels and property so seized or detained, witli the ex- 
 ception of the steamers " Jamestown " and " Yorktown," 
 shall be released and delivered up to the said masters'and 
 owners. Proper navy officers have been assigned to 
 each of the rivers of the State herein mentioned, with or- 
 ders to release such vessels and property, and give certifi- 
 cates for damages incurred by the seizure and detention. 
 
 I feel it my duty, furthermore, to advise the people of 
 the Commonwealth (not in the military service of the 
 State) to return to their usual vocations, in connection 
 with the trade and commerce of the country, assuring 
 them protection and defence. If war is to be inaugurated 
 by an attempt to invade this Commonwealth, or to use 
 coercion against the Southern Confederate States, a con- 
 tingency dependent on the action of the Government of 
 
54 
 
 the United States, it shall be met and conducted bj this 
 Commonwealth upon principles worthy of civilized nations 
 and of this enlightened age. I appeal to all our people 
 not to interfere with peaceable, unoffending citizens or 
 others, who preserve the peace and conform to our laws ; 
 and I do hereby especially discountenance all acts of 
 seizure of private property without authority of law, and 
 require that order shall be restored, and that all laws be 
 administered and executed by the tribunals especially as- 
 signed for the purpose. 
 
55 
 
 No. 14. 
 
 GOVERNOR LETCHER'S PROCLAMATION. 
 
 Whereas, the Convention of this Commonwealth has, 
 on this the 25th day of April, 1861, adopted an ordinance 
 " for the adoption of the Constitution of the Provisional 
 Government of the Confederate States of America," and 
 has agreed to '-a Convention between the Commonwealth 
 of Virginia and the Confederate States ef America," 
 wiiich it is proper should be made known to the people of 
 this Commonwealth and to the world : 
 
 Therefore, I, John Letcher, Governor of the Common- 
 wealth of Virginia, do hereby publish and proclaim that 
 the following are authentic copies of the ordinance and 
 Convention aforesaid. 
 
 Given under my hand as Governor, and under 
 
 the seal of the Commonwealth at Richmond, 
 
 [L. s ] this twenty-fifth day of April, one thousand eight 
 
 hundred and sixty-one, and in the eighty-fifth 
 
 year of the Commonwealth. 
 
 John Letcher. 
 By the Governor, 
 
 George W. Mumford, 
 Secretary of the Commonwealth. 
 
57 
 
 No. 15. 
 
 An IJRDINANCE *0R THE ADOPTION OF THE CONSTITUTION 
 
 OF THE Provisional Government of the Confed- 
 erate States of America. 
 
 We, the delegates of the people of Virginia in Con- 
 vention assembled, solemnly impressed by the perils which 
 surround the Commonwealth, and appealing to the 
 searcher of hearts for the rectitude of our intentions in 
 assuming the grave responsibility of this act, do by this 
 ordinance, adopt and ratify the Constitution of the Pro- 
 visional Government of the Confederate States of America, 
 ordained and established at Montgomery, Alabama, on 
 the eighth day of February, eighteen hundred and sixty- 
 one; provided that this ordinance shall cease to have any 
 legal operation or effect, if the people of this Common- 
 wealth, upon the vote directed to be taken on the ordin- 
 ance of secession passed by this Convention, on the 
 seventeenth day of April, eighteen hundred and sixty- 
 one, shall reject the same. 
 
 A true copy. 
 
 Jno. L. Eubank, 
 
 Secretary. 
 
59 
 
 No. 16. 
 
 May 4, 1861. 
 
 Protest of Francis A. Drew, Master, and Officers 
 
 of Steamship " Jamestown " against the Seizure of 
 
 that Vessel by the Virginia Authorities, after she 
 
 had been released. 
 
 State of Virginia, ) 
 
 ^ TT V to wit : 
 
 County of Henrico, j 
 
 Be it known by this public instrument of declaration 
 and protest, that on Saturday, the 4th day of May, in the 
 year 1861, at the hour of twelve o'clock M., before me, 
 Alexander H. Sands, a Notary Public in and for the said 
 County of Henrico and State of Virginia, personally 
 appeared Francis A. Drew, lute Master and Captain of 
 the steamship Jamestown, and Robert M. Roberts, late 
 Chief Mate of the said steamship Jamestown, plying 
 between the port of New York, State of New York, and 
 the port of Richmond, State of Virginia, and did then 
 and there declare that on the 1st day of May, 1861, 
 about the hour of two o'clock P.M. of that day, the said 
 steamship Jamestown was ordered to be released by the 
 authorities of Virginia, and the order for such release 
 was signed by John R. Tucker, signing himself Com- 
 mander of the Virginia Navy (the said order is annexed 
 to this protest, marked AA, and is hereby specially re- 
 ferred to) ; that at tlie hour of four o'clock P.M. Messrs. 
 Ludlam & Watson, agents for the owners of said steam- 
 ship /ame^^oi^jn, placed her in the charge and custody of 
 Francis A. Drew, as Master and Captain ; and he, the 
 said Drew, then and there received from Thomas Skinner, 
 Esquire, the former Master and Captain of said steam- 
 ship, the papers and documents belonging to the same ; 
 that on the 2d day of May, 1861, the said steamship 
 was preparing to receive freight for her return-trip to 
 
60 
 
 New York, and full freight had been actually engaged, 
 and the said steamship was got in readiness to receive it; 
 when about the hour of two o'clock P.M. of Friday, the 
 3d May, 1861, the order releasing the said steamship 
 was revoked by the Virginia authorities, and the said 
 steamship Jamestown was arrested by order of Major- 
 General Lee (the revocation of said release is written 
 across tlie face of AA, hereto annexed as part of this 
 protest), and the order of the said Mojor-Gcneral Lee for 
 the detention of said steamer (a copy of which is hereto 
 annexed, signed by Commander John R. Tucker, signing 
 himself Commander Virginia Navy) was P'iven in writing 
 (BB) ; that the said order was executed about the hour of 
 two o'clock P.M. of Friday, the 3d May, 1861 ; that it 
 was utterly impossible to escape out of the hands of the 
 Virginia authorities; that the said Major-General Lee 
 was in command of the forces of Virginia, and is now ; 
 and that tliere were quartered in the city of Richmond, 
 in the said county of Henrico, several thousand soldiers 
 under his command, under arms ; and below the city of 
 Richmond, and the point at which the said steamship was 
 lying, there were and still are fortified positions beyond 
 Avhich it was impossible to pass, and that their lives 
 would have been endangered had they resisted the order 
 of Commander Tucker, and attempted to escape ; and 
 that the said steamship was taken cliarge of by the 
 Virginia authorities, and is now in their charge and 
 under their custody and control. 
 
 Therefore, the said appearers requested me, the said 
 Notary, to protest, and by these presents I do most 
 solemnly protest as well against the said authorities of 
 the State of Virginia, the said Commander John R. 
 Tucker, the said Major-General Lee, as all others whom 
 it doth and may concern, for not permitting the said 
 steamship Jamestown to receive her freight, and make her 
 return-trip to New York, and for all costs, loss, damage, 
 and detriment which they, the appearers, and the said 
 owners of the steamship Jamestown, and the consignees 
 
61 
 
 of said goods on freight, and all others have already- 
 suffered or sustained, or shall hereafter suffer or sus- 
 tain, by reason of the said revocation of the said order 
 of release, and arresting tlie said steamship Jamestown, 
 and detaining her, and not permitting her to receive 
 freight and return to the port of New York, and for 
 what else can or ought to be protested concerning the 
 premises. All which matters and things were declared, 
 alleged, and afiirmed, in the presence of me, the said 
 Notary, and, therefore, I have hereunto subscribed my 
 name and affixed my notarial seal, being requested to 
 testify and certify the premises. Thus done and pro- 
 tested at the County of Henrico, State of Virginia, afore- 
 said, the day and year first above written, Friday, 4th 
 May, 1861. 
 
 Alex. H. Sands, [seal.] 
 Notary Public for the County of Henrico. 
 
 y to wit: 
 
 [COPY.] 
 
 State of Virginia, 
 County of Henrico, 
 
 On the 4th day of February (May), in the year 1861, 
 at the hour of twelve o'clock M., personally appeared 
 before me, Alexander H. Sands, a Notary Public for the 
 County of Henrico and State of Virginia, the within- 
 named appearers, Francis A. Drew, late Master and 
 Captain of the steamship Jamestown, and Robert N. 
 Roberts, late Chief Mate of the said steamship Jamestown, 
 and severally made oath on the Holy Evangelists of Al- 
 mighty God, that the statements contained in the annexed 
 instrument of protest are true. 
 
 Given under my hand this 4tli May, 1861. 
 
 Alex. H. Sands, N.P. 
 
 A A 
 
 steamer " JAMESTOWN." 
 
 This vessel having been detained by authority of the 
 State of Virginia, and the proclamation of the Governor 
 
62 
 
 having required that vessels not required for the State 
 shall be released and discharged, this certificate is granted 
 to show the fact ; and the said vessel is hereby released 
 and discharged, and is not to be interfered with without 
 legal authority. 
 
 John R. Tucker, 
 Comd'r Virginia Navy. 
 Richmond, Va., May 1st, 1861. 
 Cancelled by order of Major-General Lee, 
 Richmond, Ya., May 3d, 1861. 
 
 John R. Tucker, Comd'r V. N. 
 
 State of New York, City and County of New York, ss. : 
 
 George W. Greene, of said city, being duly sworn, de- 
 poses and says, that he has carefully read and compared 
 the foregoing, and annexed copy, protest, and papers, 
 marked G. W. G., a 1; G. W. G., a 2; and G. W. G.,a3; 
 and that they are correct and true copies of the original 
 protest and papers of which the same purport to be copies. 
 
 (Signed,) G. W. Greene. 
 
 Subscribed and sworn to this ) 
 14th May, 1861, before me. j 
 
 Washington Murray, 
 
 Notary Public. 
 
 Office of Naval Detail and Equipt., ] 
 
 Richmond, Ya., May 3d, 1861. j 
 
 Sir: You will detain the steamer "Jamestown." 
 
 By order of Major-General Lee. 
 
 Respectfully, yours, 
 
 (Signed,) S. Barren, 
 
 Captain in charge. 
 Commander John R. Tucker, 
 
 Yirginia Navy, Richmond, Ya. 
 This order is served on the " Jamestown," May 3d, 
 186L 
 
 John R. Tucker, 
 Comd'r Yirginia Navy. 
 
63 
 
 No. 17. 
 
 Washington, 15th May, 1861. 
 To the Honorable W. H. Seward, Present : 
 
 Bear Sir : Referring to the interview which you have 
 honored me with this morning, in relation to a purchase 
 by his Excellency, the Governor of Virginia, of our two 
 steamships, the " Yorktown" and "Jamestown," now in 
 his possession — you have kindly offered to give me, in 
 writing, the reasons why you would consider our accept- 
 ing Gov. Letcher's proposals treason ; and as I am 
 acting as agent for the New York and Virginia S. S. Co., 
 and being desirous of laying your views upon the subject 
 before our Board of Directors, I take the liberty of ac- 
 cepting your offer. 
 
 I enclose you our Captain's protest against the unlaw- 
 ful seizure of our property. 
 
 Any information witli wliich you may favor me, 1 would 
 thank you to direct to our mutual friend, Mr. Schleiden, 
 Minister-Resident of the Republic of Bremen. 
 I remain, most respectfully. 
 
 Your obedient servant, 
 
 G. Heineken. 
 
65 
 
 No. 18. 
 
 MAYieth, 1861. 
 Letter from Hon. Wm. H. Seward to G. Heineken, 
 giviug liis reasons for not allowing payment to be re- 
 ceived from the State of Virginia for the steamers 
 " Yorktown" and " Jamestown" : 
 
 Department of State, ) 
 Washington, May 16th, 1861. j 
 
 Sir : I have received your letter of yesterday's date, 
 asking me to give you in writing my reasons for consider- 
 ing an acceptance on your part of Governor Letcher's 
 proposal to purchase the steamships " Yorktown" and 
 " Jamestown," recently seized by his orders and now in 
 his possession, an act of treason. With this request I 
 readily comply. 
 
 An insurrection has broken out in several of the States 
 of this Union, including Virginia, designed to overthrow 
 the Government of the United States. The Executive 
 authorities of the State are parties in that insurrection, 
 and so are public enemies. Their action, in seizing or 
 buying vessels to be employed in executing that design, is 
 not merely without authority of law, but is treason. It 
 is treason for any person to give aid and comfort to public 
 enemies. 
 
 To sell vessels to them, which it is their purpose to use 
 as ships of war, is to give them aid and comfort. To re- 
 ceive money from them in payment for vessels whicli they 
 have seized for those purposes, would be to attempt to 
 convert the unlawful seizure into a sale, and would sub- 
 ject the party so offending to the pains and penalties of 
 
66 
 
 treason, and the Government would not hesitate to bring 
 the oifender to punishment. 
 
 I am, Sir, your obedient servant, 
 
 (Signed,) William H. Seward. 
 To G. Heineken, Esq., 
 
 Agt. of theN. Y. & Va. S. S. Co., 
 
 Washington, D. C. 
 
67 
 
 No. 19. 
 
 Office of the New York & Virginia Steamship Co., ^ 
 No. 115 Broadway, near Cedar Street, v 
 
 New-York, March 1st, 1866. J 
 Hon. Wm. H. Seward, 
 
 Secretary of State, 
 
 Washington, D.C. — 
 
 Sir, — The undersigned beg leave to represent that the 
 New Yorlc; and Virginia Steamship Company, chartered 
 by the State of New York in the year 1850, were the 
 owners of the steamships " Yorktown," "Jamestown," 
 and " Roanoke," — these steamers being employed in the 
 line between New York and Norfolk, City Point, and 
 Richmond, Va. 
 
 That in April, 1861, the steamers " Yorktown " and 
 " Jamestown " were seized by orders of Governor Letcher 
 and held for the use of the State of Virginia, as were also 
 several other vessels in the Potomac, James, and York 
 Rivers, all of which were released except the '' York- 
 town " and " Jamestown," Avhich were converted into 
 gunboats and turned over to the service of the rebel 
 government. Before doing so, however, the Governor of 
 Virginia had intimated his willingness and desire to pay 
 the full value of the ships to this Company, and such 
 reasonable damages as might have been sustained by the 
 owners of the ships, etc. Mr. Heineken, on behalf of 
 this Company, went to Washington, and held an interview 
 with you upon the subject ; and in obedience to your 
 instructions all negotiations immediately ceased. The 
 material result of tlie said interview was embodied in a 
 letter from you to Mr. Heineken, a copy of which please 
 find herewith annexed ; and we respectfully ask your 
 attention and assistance in procuring from the United 
 
68 
 
 States Government such compensation for the loss of our 
 steamers as may be fair and just. 
 
 With considerations of the highest regard. 
 
 (Signed,) Francis Skiddy, 
 
 President. 
 G. Heineken, 
 
 Secretary. 
 
 Deparrment of State, ) 
 
 Washington, 6th March, 1866. )' 
 Francis Skiddy, Esquire, 
 
 President of the New York and Virginia Steamship 
 Company. 
 Sir, — Your communication of the Jst instant, relative 
 to the seizure of your steamships by the State Government 
 of Virginia, and appropriation of tliem by the insurgents 
 to their own use, has been received, and I will give the 
 matter my attention. 
 
 I am, Sir, 
 
 Your obedient servant, 
 
 William H. Seward. 
 
 Washington, April 25, 1866. 
 Messrs. G. Heineken and Palmore : 
 
 Deal' Sirs : I sent you word by telegraph yesterday 
 that I had not yet seen Mr. Seward, as an explanation of 
 my not having written you on Monday as you expected I 
 would do, I now have to inform you that I met him this 
 morning by appointment, and had a long and satisfactory 
 conference with hiin as to the nature and merits of your 
 claim, whicli he fully recognized. He says, however, it 
 cannot be hurried, and you must be patient ; that he has 
 made a communication respecting it to the War Depart- 
 ment, and until he gets a report from that Department he 
 
69 
 
 can take no step further towards its adjustment. He 
 says, however, explicitly and emphatically, that the claim 
 will be paid. 
 
 Under these circumstance:, you see that your coming on 
 here would have accomplished nothing ; and that tliere is 
 nothing to be gained by any pertinacity or pressure on our 
 part. 
 
 I intend to return to New York on Friday. 
 Very truly and respectfully yours, 
 
 John H. Clivtord. 
 
 New York, June 4th, 1866. 
 Wm. H. Seward, 
 
 Secretary of State, etc., 
 
 Washington, D.C. — 
 
 Sir, — In behalf of the New York and Virginia Steam- 
 sliip Company, of which I am the President, 1 had the honor 
 to address a communication to you on the 1st of March 
 last, setting forth a claim Avhich we make against the 
 United States Government for recovery of the value and 
 damages for two steamers, " Yorktown " and " James- 
 town," seized and destroyed by the rebels iu 1861. 
 
 Your reply of the 6th of March, saying that you would 
 give the matter your attention, was duly received, and I 
 had hoped ere this to have had the pleasure of receiving 
 intelligence of favorable action in the premises, as I had 
 been told by Mr. Palmore(one-of the agents of the Company) 
 that you expressed to him, when he saw you in February 
 last, the opinion that our claim in just and ought to be paid, 
 and our friend Governor Clifford (who is a stockholder 
 in the Company, and who has been made familiar with all 
 the facts) advised us to make a direct appeal to you, which 
 we did, and we feel much gratified at your approval of 
 our claim, and the interest you manifest in its settlement ; 
 but, knowing that you are almost constantly occupied 
 
70 
 
 with the duties of your office, we feared that our case may 
 have been overlooked. 
 
 Therefore, I have taken the liberty to write you again 
 upon the subject, and particularly as our Company is 
 greatly in need of any assistance you may be pleased to 
 give us. 
 
 Hoping soon to hear from you with favorable advices, 
 and with cousidcratious of the highest regard, 
 I am, dear Sir, 
 
 Yours, very respectfully, 
 (Signed,) Francis Skiddy. 
 
 Department of State, 
 
 Washington, 3rd July, 18G6. 
 
 [ 
 
 Francis Skiddy, Esquire, 
 
 President of the New York and Virginia Steamship 
 Company, 115 Broadway, New York. 
 Sir, — Referring to your letter of the 1st instant in re- 
 gard to the claim of the New- York and Virginia Steam- 
 sliip Company to compensation for the loss whicli it is 
 alleged they have incurred through the seizure of their 
 steamers by the State Government of Virginia previous 
 to the war, I have now in reply to inclose for your in- 
 formation a copy of a communication of the 2nd instant 
 from the War Department. 
 I am, Sirj 
 
 Your obedient servant, 
 (Signed,) William H. Seward. 
 
 War Department, [ 
 
 Washington City. 2nd July, 1866. j 
 Sir, — I am directed by the Secretary of War to acknow. 
 ledge the receipt of your communication of the 5th of 
 March last, and of a communication of the 4th ultimo 
 from Mr. Francis Skiddy, referred by you to the War 
 
71 
 
 Department, and herewith returned, both relating to a 
 claim of the New York and Virginia Steamship Company 
 for two steamers, seized for the insurgent service in 1861, 
 and to infovm you that the report of the Quartermaster- 
 General thereon, of which a copy is therewith transmitted, 
 meets with the approval of the Department. 
 I have the honor to be, Sir, 
 
 Your obedient servant, 
 
 Thos. T. Eckert, 
 Acting Assistant Secretary of War. 
 The Hon. William H. Seward, 
 
 Secretary of State. 
 
73 
 
 No. 20. 
 
 Quartermaster-General's Office, 
 
 Washington, D.C, June 4, 1866 
 
 Hon. E. M. Stanton, 
 
 Secretary of War, — 
 
 Sir, — I have the honor to return the correspondence in 
 relation to the claim of the New York and Virginia 
 Steamship Company for reimbursement by the United 
 States, for the loss of their steamers "Yorktown" and 
 " Jamestown." 
 
 These steamers, it is alleged, were seized by the rebels, 
 under the orders of Governor Letcher, of Virginia, and 
 held for the use of the State of Virginia : afterwards con- 
 verted into gunboats, and finally destroyed by the rebels 
 to prevent their falling into the hands of the United 
 States Government. 
 
 Mr. Skiddy, President of the Company, states that they 
 could have sold the steamers to the rebel government at 
 their full value ; but one of the owners of the ships, Mr. 
 Heineken, on behalf of the Company, before making 
 the sale, went to Washington, and consulted the Hon. 
 Secretary of State, Mr. Seward, who informed him that 
 such a sale would be an act of treason against the Govern- 
 ment, and would subject the party so offending to the pains 
 and penalties of treason. 
 
 There is no appropriation at the disposal of the 
 Quartermaster's Department for paying damages for 
 property stolen or destroyed by the rebels. 
 
 I do not think that any Executive Department has 
 authority to grant the relief sought in this case. 
 I am, very respectfully. 
 
 Your obedient servant, 
 
 M. C. Meigs, 
 (Signed,) Qunrtermaster-General U.S.A., 
 
 Brevet Major-General. 
 
KJ 
 
I 
 
 013 763 724 8