1st Session. No. 1. JOSEPH ANDERSON. MARCH 24, 1869.-Ordered to be printed and recommitted. Mr. STOKES, from the Committee of Claims, submitted the following REPORT. The Committee of Claims, to whom were referred the petition and proof of Joseph Anderson, a loyal citizen of Nashville, Tennessee, for compensation for lumber taken from him by the government for army purposes during the late rebellion, make the following report: At the time of the occupation of Nashville, Tennessee, by the Union army, in February, 1862, Joseph Anderson was a citizen and resident of that place, a lumber dealer, and the owner of a large quantity of lumber stored in an enclosed yard, on the corner of Broad and High streets, in that city. Shortly after that event Captain J. St. Clair Morton, chief of engineers, took possession of Mr. Anderson's yard, placed a guard over it, and removed all the lumber, which was used in constructing fortifications,, bridges, pontoons, quarters for workmen, &c. After the yard was emptied it was taken possession of by the quartermasters' department, and used as a wagon yard and for stables during the rest of the war. While the lumber was being removed, as above described, Captain Morton, after satisfying himself that Mr. Anderson was, and had been, loyal to the United States, assured him that when he had taken what he required he would pay him "for every foot of it," and gave him this assurance repeatedly. About the time the lumber yard was emptied Captain Morton left Nashville, informing Mr. Anderson that he would settle with him on his return. He never returned, however, was placed on duty elsewhere, and was finally killed in action. He never gave Mr. Anderson any receipt,. expecting to pay him when the transaction was completed, and never paid him for any portion of the lumber. After vainly attempting to get pay from Lieutenant Burroughs, Captain Morton's successor, and through the various military commanders who succeeded one another at Nashville, Mr. Anderson finally presented his claim to the War Department. That department, after a thorough investigation of the claim, extending over 18 months, was satisfied of its justice, but declared itself unable to pay it, for want of authority under any existing law, the lumber not having been reported by Captain Morton, and the act of July 4, 1864, only applying to stores taken by the quartermaster and subsistence departments, and they referred the claimant to Congress as the only tribunal that could give redress. The facts as above set forth are fully substantiated by the testimony of the following persons: 1. The claimant. 2. James M. Hughes, an old citizen of Nashville, an architect by profession, and employed by Captain Morton as an assistant during the period in question. 3. W. H. Northern and E. W. Adams, citizens of Nashville, and by trade carpenters, who testify as to the taking of the lumber, the quantity, and price. 4. A. S. Ramsey, Captain Morton's wagon-master. 5. James L. Hull, lieutenant colonel 37th Indiana volunteers, on duty at Nashville at the time. 6. James Clarkson, lieutenant 69th Ohio volunteer infantry, on duty, under Captain Morton, in the construction of fortifications. 7. James T. Elliott, Captain Morton's chief clerk. 8. Alexander A. Monroe, lieutenant 21st Ohio volunteers, who commanded the guard over the lumber yard. The last two are the most important witnesses, and their testimony is conclusive as to the taking of the lumber by Captain Morton, and its use for the purposes above mentioned. As to the loyalty of Anderson the evidence is as follows: 1. Letter from President Johnson to the Quartermaster General, introducing claimant as deserving of favorable consideration, and based on his personal knowledge of Anderson while he (President Johnson) was military governor of Tennessee. 2. Claimant's affidavit and oath of allegiance. 3. Affidavits of J. M. Hughes, W. H. Northern, and H. L. Nowell, loyal citizens of Nashville, as to loyalty of claimant. 4. Certificates of Senator Fowler, and of three late volunteer officers, to the same effect. 5. Certificate of provost marshal that Anderson took oath of allegiance. 6. General Von Schrader, an officer of the staff of Major General George H. Thomas, commanding department of the Tennessee, to whom the claim had been referred for investigation, says in his report: According to all the information I could gain, there is no doubt as to the loyalty of Joseph Anderson to the United States government As Captain Morton seems to have kept no accurate account of the lumber, we have to depend upon other testimony in order to arrive at the quantity taken. As to this point we have the following evidence: 1. Claimant's bill, supported by his affidavit, and which is as follows: 4,631 pieces of cedar lumber, containing 279,205 feet at (per 1,000 feet) $35. 17,971 pieces of scantling, containing 424,659 feet, at (per 1,000 feet) 20. 63,127 feet of white pine lumber.. 55,01 feet of pine flooring.. 41,211 feet of yellow pine 57 doors 3,700 lights 74 pair of blinds 14,950 feet of mouldings.. Total value..... $9,772 17 8,493 18 at (per 1,000 feet) 35. 2,384 44 at (per 1,000 feet) 25. 1,375 52 30. 1,236 33 3.50. 199 00 Claimant swears that just before the occupation of the city by the Union army, he took an exact inventory of his stock. This inventory was taken in a book, which claimant produces, and has every appearance of being genuine. The above bill was made from the inventory and agrees with it. Claimant says in his deposition that he was assisted in taking the above inventory by Robert Gilson, his bookkeeper, and one Wormack, his yard-master; that Robert Gilson died in 1863, and Wormack went off with the rebels and was killed, as deponent heard from one of his companions. After taking the inventory claimant states that he locked up his yard, and, there being no demand for lumber at that time by private individuals, sold none till Captain Morton took possession of the yard. Claimant further says that his yard was the largest in Nashville, and that he had frequently had on hand stocks of lumber twice as large as at the time in question. 2. Jas. M. Hughes, architect of Nashville, deposes that he had known Anderson intimately for 25 years; had had many dealings with him in the course of his business as architect and builder, was familiar with his lumber yard, knew about the stock he had on hand at the time Captain Morton took possession, and is satisfied, both from his knowledge of Mr. Anderson's character and business habits, and from his own personal observation, that Anderson's account is correct. Being an assistant of Captain Morton's at the time, he was cognizant of the whole transaction, and knew that Captain Morton took an immense quantity of lumber from Anderson. 3. W. H. Northern, a carpenter and citizen of Nashville, also deposes that he believes, from his knowledge of Mr. Anderson's business, and observation of his lumber yard at the time, that Mr. Anderson's account is correct. 4. Lieutenant Clarkson, an assistant of Captain Morton, having at the request of General Von Schrader examined Mr. Anderson's account, believes it to have been correct, except as to doors, sash, blinds, and moulding, for which the engineer department had no use at the time. (Other evidence, of parties who were in a position to have positive knowledge, shows that these articles were taken and were used in the construction of quarters for men, hospital and other buildings. Lieutenant Clarkson was not detailed for duty with Captain Morton till about September 1, 1862, and these articles were taken long before.) 5. Jas. T. Elliott, who was Captain Morton's chief clerk at the time, testifies "that the amount taken was very large, probably four or five hundred thousand feet cannot say positively how much, because no account of it was left in their office." 6. Lieutenant Monroe, who commanded the guard over the yard, deposes as follows: That in the latter part of May, 1862, he was, by Captain Morton's order, placed in charge of the large lumber yard owned by Joseph Anderson, and situated at the corner of Broad and High streets, in Nashville, and had command of 57 men at the lumber yard, the United States government having taken possession thereof. Affiant had positive written instructions to allow no lumber, timber, manufactured articles, or anything in said yard, to be taken away except upon the written order of Captain Morton, who was then in charge of the United States engineer corps, at Nashville, and engaged in constructing Fort Negley, on St. Cloud Hill, and other fortifications, bridges, &c., about there. That when affiant took command at the lumber yard and charge thereof there was an immense amount of lumber, such as dressed cedar flooring, window and door frames, sign-boards, and planks dressed and undressed, from thin stuff up to three inches in thickness, cedar and other scantling, sash, blinds, shades, doors, mouldings, heavy timber both sawed and hewed, and, in short, all kinds of lumber and timber which would go to make up a complete stock for a first-class lumber yard. * * * * Affiant further states that all of said stock of lumber, timber, doors, flooring, &c., was taken and appropriated, by order of Captain Morton, for the use of the government of the United States, in furnishing the hospital on College Hill, erecting barracks, kitchens, hospital buildings, cots, &c., for the sick and wounded, pontoon bridges, the railroad bridge, and every conceivable thing of the kind which the government required for the comfort and convenience of the troops and service. A very large amount thereof was used in constructing Fort Negley, for look-outs, tops of tents, &c. That all of said lumber, &c., was taken and used by the government, and none of it by any other person or corporation; that t was taken, and, by affiant and those under his immediate command, delivered, under irequisitions from Captain Morton. This witness is endorsed as reliable and trustworthy by Hon. W. Mungen, now a member of this house, and late colonel Ohio volunteers and brigadier general. 7. Lieutenant Colonel Hull, 37th Indiana volunteers, on duty in Nash. ville at the time, also certifies to the large quantity of lumber Mr. Anderson had on hand. From all of which testimony the committee are constrained to believe that the account of Mr. Anderson, as to the quantity of lumber, &c., taken from him by the United States military authorities, is correct, and that the lumber, &c., was actually used in the military service for legitimate purposes, and was of great value to the United States. AS TO THE PRICE. As before stated, claimant swears that he made an inventory of his lumber before our troops occupied Nashville. He also swears that, as was his custom in taking inventories, he set down opposite the respective quantities their cost to him, laid down in his yard. And these prices appear in the book before alluded to. He swears that these prices represent the actual cost and carriage of the respective articles. He further states that in ordinary times his net profits were about 25 per cent., but these were extraordinary times; that a year after these events the price of lumber rose enormously, and that if he had been permitted to retain his yard and lumber, he could have realized from the latter $50,000. Elliott (before mentioned) says, Captain Morton paid afterwards on an average six cents a foot for such lumber. Lieutenant Monroe says: Affiant, having been a mechanic and a worker in wood before he entered the military service of the United States, had the means of knowing something of the value of such a stock, and from the actual knowledge of the facts, and after reflecting and figuring over the subject for nearly a whole day, he cannot place a lower estimate on the above-mentioned articles belonging to Mr. Anderson than from $25,000 to $35,000 at prime cost; and he says further that at retail prices it would undoubtedly have brought $50,000. W. H. Northern and E. W. Adams, carpenters of Nashville, being interrogated by General Von Schrader as to the prices of lumber in Nashville at the time, give prices which, on most of the articles, largely exceed those set down by Anderson. Upon the whole the committee are satisfied that claimant's statement as to prices is correct, viz., that the prices in his account represent the cost to him of the lumber laid down in Nashville. As to the liability of the United States the committee have no doubt. If these same stores had been taken by the quartermaster instead of the engineer department they would have been paid for, long since, under the act of July 4, 1864. Since, technically, that law does not apply to stores taken by the engineer department, the War Department, while acknowledging the justice of the claim, had no authority to pay it, but the same rule does not apply to Congress. No good reason is perceived why articles which form part of the legitimate supplies of the army, and which, in this case, were "taken by a proper officer for the use of, and used by, the army of the United States," (payment for which was promised and would have been made but for the accident of the officer being ordered elsewhere,) should not be paid for, as well if taken by an officer of engineers as by a quartermaster. |