Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-06-08

a charge stand against them OF which
they are innocent Respectfully,
s. J. QUINN.
knowing tina. John howard. ESQ, OF
this city. had been counsel In a case in
which this very question was raised, We
referred to him our correspondents let
ter, and We give herewith hir comments
thereon:
RICHMOND. June 4. 1888.
To the Editor Of the Dispatch:
In response TO your letter OF inquiry as
10 the person who gave the order fori>
burning the warehouses In Richmond on
the morning OF the 30 OF April. 1855, l.
beg to send you copy OF my brief in
the case OF Graeme's executor We. the
Mutual Assurance Society OF Virginia,
flied In tha Circuit Court OF the city In
May, 1871, in which you viii find the facts
OF the occurrence accurately stated. The
case aross out OF the fire which, as i3
well known, destroyed nearly a third OF
the city, and was test-case, among
many. brought on policies 81 Insurance
Issued by the defendant company upon
the houses destroyed. AS the litigation
involved several millions OF dollars and
legal questions Of great difficulty arising
Tended with great care and persistenoy,
and every effort Was made by counsel on
both sides TO ascertain the facts as they
actually occurred. Major Isaac II. Car
rington, who was proyost-marxnal OF the
city, and Colonel Il. >. Evel were the
subordinate officers under whose surper-
iniendenoe the warehouses were prepared
for destruction and ignitsd, and Mr.
James Lyons. ST.. and myself. for the
plaintiffs. and Judge W. ". Crump and
Mr.. James Necson. for the defendant
company, agreed that those gentlemen
should make statements as to the origin
and progress OF the fire. and when the
statements were made We further agreed
upon the substance of their conkents in
the form OF a stipulation OF the facts
for the use Of the court. The statement
Of Colonel Ewell may be found on pages
6l-6S in the appendix to the brief above
referred 20. and that OF MaJor Carrington
on pages 6S-70, ana the stipulation OF
counsel on page Of the brief.
These statements and this stipulation
were accepted and acted upon by the
court as the foundation OF It's judgment
and by further agTe ment OF counsel
they were accepted and acted upon by
the Chancery Court or the city Of Rich
mond In similar test-cBge I'm that court
and afterwards constituted the accepted
evidence on appeal TO The supreme Court
OF Appeals OF Virginia and 10 the SUI
preme Court of the United Stat y. Inc
facts thus ascertained and acted upon
may fairly be considered as judicial In
their nature, and, so FAR as l know,
form the only authentic account OF the
origin OF the great historic conflagration.
about which by this time there would
otherwise doubtless have been as much
couflict OF testimony ana controversy
as arose in respect TO the burning Of
Moscow. Briefly. as shown by the record
In this litigation. a then rec at act OF
the Confederate Congress required mill
tary commanders TO destroy certain arti-
cles OF value within their COM
mands, If necessary, 10 prevent
them from falling into the hands Of the
enemy. In obedience TO this act. General
Lee, some weeks before the evacuation
Of Richmond. ordered General Eweli
then In command OF the city. and Major
Darlington its provost-marsh5l. to make
preparations for the destruction of the
tobacco In the city. should II become n
cessary, taking proper precautions to pre-
vent setting fire TO the city. Under the
immediate orders OF General Ewell, Major
Darlington and Colonel Even executed
the act Of Congress. with what result Is
khOWn Dy the world. Inc interesting
letter Of your Fredericksburg correspond
ent (Which is herewith returned AZ re-
quested) IL certainly correct in stating
that General Ewell did not order the city
10 be fired. But that he ordered the to-
bacco in the warehouses to he burned
does not seem TO admit Of doubt. Nor
can any blame be justly attached TO him
for so doing. any more than 10 General
Lee, under whose orders he was acting,
and who was himself acting under an eX-
press command OF Congress applicable 10
the case. Least OF all. can any Just
blame be attached to the subordinate oii1-
GERS who executed the order. The above
record abundantly shows that every pos
eible precautior was taken 10 prevent
the lamentable conhagration which oc-
Cured. and that it's occurrence was
most probably due 10 the sudden rising
of a strong southeast wind. and IL H. so
stated in the aforementioned stipulation
OF counsel. The general condition OF
thirgs stated by your correspondent was
certainly unfavorable TO the effective use
OF means for the extinction Of the
fires Qhere were severaD. and, possibly.
there may have been sporadic incen-
diaries. But the predominant cause OF
the widespread coniiagration. 1t Is
believed was the extension OF the flames
from the four warehouses by force OF
the high wind, and II was only when
that element subsidized that the other
was conquered.
Yours truly, JOHN HOWARD.