The Republican journal. [volume] (Belfast, Me.) 1829-current, 1888-06-14
The Claim of the Brig Xenophon.

court OF CLAIMS May IL, 1855, in behalf of the
owners OF brig Xenophon of Belfast The
particulars of the case are set forth in the
petition, which Is as follows:
Your petitioners, Charles II. Wording; Mar
garet NJ HaZeltine, administrators of the estate
OF prescott Hazeltine, deceased; Mary NJ. Hall
administrative of the estate of Josiah FarroW
deceased; Martha Doak: Martha ii. Wording
Edward Slbey. administrator of the estate of
Reuben Sibley, deceased; Lewis Bean Dwight
L. Palmer, executor of the estate of l.. II. Pal
mer deceased; Margaret S. White, admnistra-
tr;S OF the estate of George +. White, deceas-
Ell; and John Quimby, executor of the estate
OF Daniel Faunce, deceased, respectfully rep
resent that they are and always have been loyal
citizens of the nited States, and all citizens of
the state of Maine, except Mary NJ. Hall, who
Is citizen of the State of Massachusetts; that
IN December, A. ID. 1861, and up to and incud-
ing, April, 1862, claimants We're owners of the
brig "Aenophon." of Belfast, Maine, each of an
undivided interest as follows, that is to say:
Charles II. Wording, one-eighth Q-S).
Martha IL. Wording, one-eighth U-S)
Prescott HaZeltine, one-eighth 1-S).
Leonard X. Palmer, one-siXteenth l-16).
Josiah Farrow, one-eghth u-S).
Martha Doak, one-elghth (1-S).
Reuben Sibley, One-eghth Q-S).
Lewis Bean, one-eghth (1-e).
l'ahlel Faunce, onc-thirty-second tl-:,2).
George F. White. one-thirty-second l-32)
That on or about the 18th day of December.
1861, Darius Doak, as master of said brig. and
as agent for the owners thereof, entered into
contract with the United States, by Paul X.
George, Assistant Quartermaster of the United
States, whereby the said vessel was chartered
to the United States for a voyage from the port
OF Boston to any ports or places in the United
States, the Gulf of Mexico, or the West Indies,
which the depth of water would permit, and
PACK to Boston, at the rate Of twelve hundred
dollars for the first month and one thousand
dollars month afterwards till termination of
the charter party; that among other stipuiations
entered into it was understood and agreed that
If the vessel should be damaged in consequence
OF exposure to some extraordinary risk, and in
pursuance of the orders of the agent of the
United States, then and there representing the
United states, and against which the master
protested at the time, then the tnited States
should be liable for such damage; all questions
on that article to be settled by reference to ar
bitrators, to be mutually agreed upon by the
parties; that in pursuance of said contract and
orders from Maj. Gen. Butler, issued to the
master of said brig. dated Boston, January 20.
1862, he proceeded to Ship Island. Mississippi
sound, and there reported to the agents of the
United States, rs by the terms of said charter
party required; that being directed to move
SAID brig in near the beach. head on. the master
OF said brig protested, which protest was duly
acknowledged by the agents of the Unit
ed States February 26, 1862; that said brig
was used for tightening the ship Mahn,
States, against which the master thereof pro-
tested, under date March s, 1862; and again
under date of March IA, 1862, the master of
said brig again protested against the use of said
brig in receiving and landing the cargo of the
ship m0hO, that said service, against which
said protests We're made, was extra hazardous.
and exposed said brig to extraordinary risk.
such as, by the terms of the charter party,
rendered the United States liable for all dam
ages happening to said brig in consequence
That ltf l.,c
anchor in the harbor of Ship Island, being
there by orders of the agents of the United
states and against the protest of the master of
said brig, the steamship Mississippi. vessel
then under charter by the United States and
entirely under control of the officers and
agents of the United States came in collision
with said brig on the Goth and 2lst OF March.
1862, causing great damage to said brig, fully
set forth i'll Surveyors Report, dated March
y, 1852. which survey was ordered by
Maj Zen. Butler; that the damage to said brig
could not be fixed without actually making re-
pairs; that after said collision, when the mas
ter of said brig had partially completed such
temporary repairs as would enable him to pro-
coed to Boston, said brig was seized bv order
of MaJ.-Gen. b. f. Butler her sails taken on
shore and used for covering merchandise. and
her running rigging removed to steamers and
lighters belonging to the United States; that
said brig was appraised by order of Ma-Gen
Butler; that 1t was appraised in its then dam
aged condition after said collision and seizure;
that protest was duly made by the master of
said brig against said seizure and against an or
der from Major-General Butler, directing the
sad master to designate an appraiser. and
against the act OF appra>ement, and every act
on the part of the United States done in con-
nection with the taking of said brig. and its APP
praisement; that in its then damaged condition
said brig was appraised by the United States by
appraisers selected by agents of the United
States, and under and in accordance with or
ders of Maj .-ien. b. +. Butler. then in STU
preme command, and while the master of said
brig was under dureSs and said brig was under
the control of the United States, at the sum of
four thousand dollars; that said sum was paid
to the agent of the claimants on or about the
9th day of January. 1868; that said vessel
faithfully performed its part of the contract of
charter up to the date of its seizure as afore-
said; that the damage to said brig was not set
tied under and by the terms of the said charter
party; that said vessel was actually worth at
the time of the collision with the WisSiSSipDi
the sum of ten thousand dollars: that there is
due to the claimants, in accordance with the
terms of the charter of said brig herein set
forth, the difference between the sound value
of said brig and its appraised value in its dam
aged conditions that there is due to the claim
ants the sum of six thousand dollars, with in
terest from the 10Th day of April, A. d.. 1852
That the said claim was referred to this
court on the 9th day of March, 1858, by the
Committee on War Claims of the House of
Representatives; that prior to such reference
the said claim had been duly presented to and
prosecuted before the Office of the Quarterma>-
ter-General in the Department Of War, but
that said claim was not allowed.
Wherefore. claimants pray for such proceed
ings and findings of fact by the court as will
support recovery of said amount.
j. NJ. VALE, Attorney fer Claimants.