| Confederate States of America |
| Quarter Master Generals Department |
| Richmond 27th Feby 1863 |
| |
| Hon James A Seddon |
| Secretary of War |
| |
| Sir, |
| I submit with some reluctance, the case
involved in the voluminous papers herewith, for the decision of the
War Department. The correspondence will show that I have more than
once passed upon it: but as the parties interested seems
dissatisfied with my action, I must terminate the correspondence
with this reference. |
| The argument of Mr Tucher on behalf of
the Richmond & Petersburg Rail Road Company, presents the claims in
the strictly legal aspect only. There is no disputing the
proposition that a Company is not bound by the action of a
Convention in which it is not represented. However the original
contract, paying that Company in accordance with the rates
established by the Richmond Convention, has never been formerly
modified, except so far as the first alluded to by Capt Smith, in
his report to me that the Company refers to has adopted in its
accounts rendered for the months of December and January the charges
for freight by passenger trains announced by the Columbia
Convention, while it desires to repudiate the same in reference to
passengers; the very difference between the two being, that what is
claimed, as an increase on the new rates, and what is rejected is a
reduction thereof. |
| I can only say that the rates adopted by
the Columbia Convention are liberal, and in view of the fact above
added to, as also the admited large profits of the Richmond &
Petersburg Rail Road, and the convenience of having uniform rates
applicable to all companies, I see no injustice in holding that Road
bound by the actions of the Columbia Convention until new rates
regulating transportation are adopted by Col Wadley the existing
contracts remain in force. |
| A. C. Myers |
| Q. M. Genl. |
|