NA, ET 1/17/1862

The Eastern Texas Rail Road Co.
New Orleans
Nacogdoches Jany 17th 1862
 
Hon B. F. Sexton
 
Dear Sir,
   In addition to what I have said to you on the subject of the Iron at Galveston, I wish to say that upon my arrival in this City, and conferring with Gentlemen here engaged in business who are Englishmen, I am of opinion that arrangements can be made with reliable parties, to take the US 5% indemnity bonds, which the Railroad Companies are entitled to receive from our State at a loan, and purchase Iron Rails in England at not a greater price than 55$ pr ton delivered, supposing that the US bonds should be negotiated at 26% discount.
   If my Company could get possession of the US bonds, to which they are entitled upon the first Section of 25 miles of our Road we believe we could use them on the purchase of Iron Rails at the above rate, and perhaps at better rates. I am forcibly impressed that this is the best and may be the only use to which these bonds can applied, believing too that the price of Railroad Iron will largely advance in England upon the restoration of peace. These bonds can only be made available through English or French Agents, and if this war should be of long duration these bonds in our Texas Treasury will so much depreciate as to be worthless. Whereupon the necessity to make them available as early as practicable.
   Under our Contract with Mess Moran Bros they were to receive said Bonds, and sell them for the account of our Company and apply the proceeds to the payment of the Iron Rails purchased of them (excepting the res?? of such proceeds as might remain after paying to the Iron Rails of such & every Section of Said Road as the same has laid down which was to be held subject to the order & control of Said Company the State loan being 6000$ per mile & the Iron Rails costing about 5000$ this surplus would be about 1000$ pr mile which is withheld from our Company in as much as the loan cannot be made on part. M. Company executed to Mess Moran Bros then Power of Atty to draw the State Acct, which they might become entitled to receive which is deposited in the office of the Comptroller of our State, and upon the completion of 25 miles of our Road, our Company executed and filed their Mortgage bond in favor of the State for $150,000 to enable said Morans to apply for & receive the loan. The Board of School Commissioners of my State refused to deliver said Bonds to said Morans for reason they were Alien Enemies and afterwards the Mortgage Bond of said Company was returned to them. The debt onely our Company for 2500 tons of Iron Rails laid down on our Road has been sequestrated and will be payable to the Confederate States, and as the latter succeed to all the benefits of the Contract with Moran Bros as far as Complied with they are entitled to receive said bonds from our State upon the same terms as with Moran Bros. Our Company is paying interest upon this debt, and the US bonds will be withheld from the Company, as well as the Confederate States, until the termination of the War or until the same can be adjudicated under the Sequestration Act, this works a great hardship upon our Company and is of no benefit to the C. S. We therefore desire that the C. S. will say that they will receive in relation to the sum of $56,000.00 which our Company owe for Rolling Stock It may be necessary to say that our Company executed notes payable to order and deposited with the parties as collateral security the Mortgage Bonds of the Company for double the amount of such note, with authority to sell the same, at ????? sale. If such notes were not paid note within sixty days after their Maturity. We are not advised of any of those bonds have been sold, but suppose as a matter of course they have. 
   I think that our Company cant be required to pay the Notes to the C S Government.
J. R. Arnold

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