B-156869, JUN. 8, 1965

B-156869: Jun 8, 1965

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THAT CAPTAIN POTTER WAS MASTER OF THE CLIPPER SHIP ONEIDA WHICH WAS ENCOUNTERED AND BURNED AT SEA BY THE CONFEDERATE CRUISER FLORIDA ON APRIL 24. THE VESSEL FLORIDA WAS ONE OF THREE SHIPS OWNED BY GREAT BRITAIN WHICH WERE USED IN THE SERVICE OF THE CONFEDERATE STATES OF AMERICA DURING THE CIVIL WAR. THE CLAIM PRESENTED REPRESENTS WAGES AND PERSONAL PROPERTY LOSSES WHICH WERE OCCASIONED BY THE DESTRUCTION OF THE ONEIDA AND AS SUCH ARE CLAIMS OF THE "FIRST CLASS" FOR SUBSTANTIVE SETTLEMENT PURSUANT TO THE SO-CALLED "ALABAMA CLAIMS" STATUTES. THERE ARE FACTS OF RECORD HERE WHICH WE WILL COMMUNICATE IN AN EFFORT TO ASSIST YOU IN YOUR TASK AS ADMINISTRATOR OF THE ESTATE OF CAPTAIN POTTER. THIS SUM IS THE UNEXPENDED AMOUNT WHICH REPRESENTS A PORTION OF A SUPPLEMENTAL DISTRIBUTION OF $249.

B-156869, JUN. 8, 1965

TO MR. R. WINSLOW TOWNE:

BY LETTER DATED MAY 13, 1965, YOU WROTE TO THE COMPTROLLER GENERAL OF THE UNITED STATES IN YOUR CAPACITY AS ADMINISTRATOR DE BONIS NON OF THE ESTATE OF CAPTAIN JESSE F. POTTER WHO DIED INTESTATE IN JULY 1871. YOU STATED IN A PREVIOUS LETTER TO THIS OFFICE OF NOVEMBER 23, 1964, THAT CAPTAIN POTTER WAS MASTER OF THE CLIPPER SHIP ONEIDA WHICH WAS ENCOUNTERED AND BURNED AT SEA BY THE CONFEDERATE CRUISER FLORIDA ON APRIL 24, 1863, WHILE ON A VOYAGE FROM SHANGHAI TO NEW YORK.

THE VESSEL FLORIDA WAS ONE OF THREE SHIPS OWNED BY GREAT BRITAIN WHICH WERE USED IN THE SERVICE OF THE CONFEDERATE STATES OF AMERICA DURING THE CIVIL WAR. THE CLAIM PRESENTED REPRESENTS WAGES AND PERSONAL PROPERTY LOSSES WHICH WERE OCCASIONED BY THE DESTRUCTION OF THE ONEIDA AND AS SUCH ARE CLAIMS OF THE "FIRST CLASS" FOR SUBSTANTIVE SETTLEMENT PURSUANT TO THE SO-CALLED "ALABAMA CLAIMS" STATUTES.

THIS MATTER HAS BEEN THE SUBJECT OF PREVIOUS CORRESPONDENCE FROM OUR OFFICE TO YOU AND IN SETTLEMENT OF Z-2273517, OCTOBER 6, 1964, WE ADVISED, IN PART, THAT THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, BARS ALL COGNIZABLE CLAIMS NOT FILED WITH THIS OFFICE WITHIN TEN YEARS FROM THE TIME THEY ARISE. HOWEVER, THERE ARE FACTS OF RECORD HERE WHICH WE WILL COMMUNICATE IN AN EFFORT TO ASSIST YOU IN YOUR TASK AS ADMINISTRATOR OF THE ESTATE OF CAPTAIN POTTER.

AS ADVISED BY SETTLEMENT Z-2273517, JANUARY 6, 1965, THERE REMAINS AVAILABLE IN THE TREASURY THE SUM OF $9,892.99 FOR THE PAYMENT OF OUTSTANDING "ALABAMA CLAIMS.' THIS SUM IS THE UNEXPENDED AMOUNT WHICH REPRESENTS A PORTION OF A SUPPLEMENTAL DISTRIBUTION OF $249,168.40 ALLOTTED TO 857 JUDGMENTS OF THE "SECOND CLASS.'

SECTION 5 OF THE ACT OF JUNE 5, 1882, CH. 195, 22 STAT. 98, DEFINES FIRST CLASS CLAIMS AS THOSE "DIRECTLY RESULTING FROM DAMAGE DONE ON THE HIGH SEAS BY CONFEDERATE CRUISERS DURING THE LATE REBELLION" AND SECOND CLASS CLAIMS AS "CLAIMS FOR THE PAYMENT OF PREMIUMS OF WAR RISKS, WHETHER PAID TO CORPORATIONS, AGENTS, OR INDIVIDUALS, AFTER THE SAILING OF ANY CONFEDERATE CRUISER.'

ASIDE FROM THE FACT THAT THE CLAIM SUBMITTED IS BARRED, IT IS APPARENT THAT THE SUM REMAINING IN THE TREASURY IS FOR THE REIMBURSEMENT OF WAR RISK PREMIUMS, AND AS SUCH WOULD NOT BE AVAILABLE FOR THE PAYMENT OF THE CLAIM YOU HAVE SUBMITTED.

WE TRUST THAT WHAT WE HAVE PRESENTED HERE IS OF ASSISTANCE TO YOU IN YOUR CAPACITY AS ADMINISTRATOR OF THE ESTATE OF CAPTAIN POTTER.