Steamers General Meigs and General Burnside. STEAMERS GENERAL MEIGS AND GENERAL BURNSIDE. By charter-parties made in October, 1862, the steamers General Meigs and General Burnside were hired to the Government, to be used in the military service for the term of six months, commencing from the 15th of that month, at a per diem of $300 for each, with the privilege of purchase at a stated amount at the end of three months. On the 2d of February, 1863, the Quartermaster-General issued an order to purchase the steamers under the provisions in their charter-parties, the purchase to date as of the 15th of January previous; that order was not finally carried into effect until the 13th of May following, on which day bills of sale, transferring the steamers to the United States, antedated the 15th of January, 1863, were executed and delivered by the owners thereof, who also made out bills for the purchase-money, bearing the date last mentioned, and received payment of the same; the owners furthermore made out bills against the Government for re-imbursement of expenses incurred in running the steamers during the period between the 15th of January and the 13th of May, and received payment thereof. A claim, however, was subsequently presented by them for compensation for the use of the steamers during that period, at the charter-rate of $300 per diem, deducting the amount already received for re-imbursement of running expenses: Held that this claim, under the circumstances, has no validity. DEPARTMENT OF JUSTICE, SIR: I have the honor to acknowledge the receipt of your letter of the 11th ultimo, asking my opinion upon certain questions of law arising upon claims made upon the Government by the former owners of the steamers General Meigs and General Burnside, for the services of those vessels from the 15th day of January, 1863, until the 13th of the ensuing May, at the rate of $300 per day for each vessel. On the 20th day of October, 1862, the said steamers, by separate charter parties, alike in terms, were chartered to the United States for the period of six months from the 15th day of that month. Compensation was provided for in said charter parties as follows: The "sum of three hundred dollars per day for each and every day said steamer may be employed, and to furnish all fuel from the above date until the said steamer is returned to the port of Philadelphia, in the same order as when received." Each charter-party contained the following clause: "The Steamers General Meigs and General Burnside. War Department has the privilege to purchase said steamer at the end of three months for the sum of forty-five thousand dollars, cash." On the 2d of February, 1863, Quartermaster-General Meigs, in a letter to Deputy Quartermaster-General Crossman, among others, gave him the following instructions: "You are accordingly directed to purchase said vessels, as provided in the charter-parties, the purchase to date from the 15th of January, 1863. As the vessels are still in service, and payments for the services under those charters will not be made beyond that date, the owners will be paid the expenses of running them from said 15th day of January until such time as the expenses are assumed and provided for by the United States." To have these instructions carried out, this letter was referred by Colonel Crossman to Assistant-Quartermaster Boyd. R. F. Loper is described in the charter-party of the General Meigs as owner, and as managing owner in the charterparty of the General Burnside. Boyd states in respect to said letter as follows: "That immediately after he received said letter of February 2, 1863, he notified R. F. Loper verbally to make transfer of the titles of the boats to the United States Government, and said Loper thereupon verbally consented and promised so to do; that he did not show to said Loper said letter of February 2, 1863, or read the same to him, or state to him its contents, but notified him that he had instructions to purchase said steamers, and to pay therefor the sum of forty-five thousand dollars each, under and in pursuance of the provision in the charter-parties giving the War Department the privilege of purchasing them at and for the said sum of forty-five thousand dollars each." On the 4th of February, 1863, R. F. Loper addressed to Quartermaster Biggs a letter, of which the following is a copy: "PHILADELPHIA, February 4, 1863. "DEAR SIR: I would hereby respectfully inform you that I have sold the steam-propellers General Meigs and General Burnside to the United States War Department, to date from the fifteenth day of January last past; that the United States War Department pay all expenses from and after that date. "It was also agreed that the captains should have one Steamers General Meigs and General Burnside. thousand dollars per month to man the boats and victual all hands. The United States War Department to pay engi neers, firemen, and coal-passers' wages; captain to furnish board. Very truly, yours, &c., "Lieut. Col. HERMAN BIGGS, "R. F. LOPER. "Quartermaster, United States Army." This letter shows that Boyd's statement, as above quoted, cannot be true; for it appears that Loper fully understood and made the contract of sale in accordance with the instruction of General Meigs. Boyd further states that, on the 9th of March, 1863, he addressed to said R. F. Loper a letter, bearing date March 9, 1863, requesting him to have the transfer made at once; and thereupon said Loper called at his office and stated verbally that he (Loper) declined to make the transfer, of which he (Boyd) at once informed the Quartermaster-General by letter, dated March 10, 1863; that immediately thereafter he received the letter of March 9, 1863, addressed by the Quartermaster-General to Colonel G. H. Crossman, and he then informed said R. F. Loper that he had received instructions not to purchase said steamers until further orders. On the 9th of May the Quartermaster-General sent to Colonel Crossman instructions, which were referred to Assistant-Quartermaster Boyd, as follows: "You will please take immediate measures to carry out the instructions embraced in the letter to you from this Office, dated February 2, 1863, a copy of which is inclosed, relative to the purchase of the steamers General Meigs and General Burnside; payment for the service of these vessels to cease from 15th January, 1863. Expenses of running them from that date to be paid to owners." On the 13th of May, R. F. Loper, as owner of the steamer General Meigs, executed a bill of sale therefor to the United States, dated the 15th of January, 1863. On the same day, R. F. Loper, as one-fourth owner; Anthony Reybold, as onefourth owner; and the firm of Harlan, Hollingsworth & Co., as one-fourth owner of the General Burnside, executed a Steamers General Meigs and General Burnside. bill of sale therefor to the United States, and the bill of sale by Wilcox, the owner of the other one-fourth, was dated on the 29th of April, 1863. Possession of the vessels was delivered to the United States on the said 13th day of May. Loper received the purchase-money for both vessels, and executed receipts, as follows: "The United States to R. F. Loper, "Date of pur- The steamer named the General chase: 1863, January 15. Meigs, with her masts, yards, Dr. com $45,000 00 as per letters addressed Quartermaster-General's Office, Washington, February 2, and May 9, 1863, hereto annexed. "Received, at Philadelphia, the 13th of May, 1863, of Captain A. Boyd, assistant quartermaster, United States Army, forty-five thousand dollars and cents, in full of the above account. "R. F. LOPER." The same receipt, in form, was executed in the case of the General Burnside. In May and June, 1863, Loper received from the United States $8,000 for the running-expenses of said vessels from the 15th of January to the 13th of May, 1863, and executed receipts, as follows: "The United States to R. F. Loper, "1863, March 15. Re-imbursements of moneys paid sailing steam-propeller Gener- Dr. 2 months, at $1,000 per month. $2,000 00 Steamers General Meigs and General Burnside. "Received, at Philadelphia, the 30th of May, 1863, of Captain A. Boyd, assistant quartermaster, United States Army, the sum of two thousand dollars and the above account. The other receipts are like this in form. cents, in full of "R. F. LOPER." I do not consider it necessary to notice in detail the inquiries contained in the Comptroller's statement submitted by you, for they amount to the question, whether or not the United States are bound to pay Loper, and those whom he represents, for the services of said vessels from the 15th of January to the 13th of May, 1863, at the rate of $300 each per day, deducting of course the amount already re-imbursed for their running-expenses. It will not be denied that parties to a sale of a vessel may agree that it shall take effect at a date anterior to the actual transfer of title and possession, so far as the earnings or expenses of the vessel are concerned. Loper's receipts for the purchase-money of the vessels show that they were sold by him, "as per letters dated Quartermaster-General's Office, Washington, February 2 and May 9, 1863, hereto annexed," which letters were clearly and expressly to the effect that the sale was to date from the 15th of January, 1863; that the owners were not to be paid for the services of such vessels after that date, but were only to receive from the Government heir running-expenses. These receipts, too, expressly state upon their face that the date of the purchase was the 15th of January, 1863. The bills of sale, with the exception of the one executed by Wilcox for one-fourth of the General Burnside, are dated on the 15th of January, 1863. Loper's receipts for the running expenses of the vessels show upon their face that the money was received "as per agreement made with Brigadier-General M. C. Meigs, Quartermaster-General United States Army." The agreement here referred to is the one mentioned in Loper's letter to Biggs, of date February 4, 1863, in which it is stated that the sale is "to date from the 15th day of January last past; that the United States War Department pay all expenses from and after that date." Putting these writings together, which are the best, and |