Joseph Henderson v. United States

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Joseph Henderson v. United States
Seal of New York (state).svg
Court Southern District of New York for the Alabama Claims
Full case nameJoseph Henderson v. The United States (No. 709)
ArguedFebruary 23, 1883
DecidedJune 5, 1883
Case history
Subsequent action(s)James Callahan v. The United States (No. 810)
Court membership
Judge(s) sittingJohn A. J. Creswell

Joseph Henderson v. United States, 709 (1882), is a decision of the Alabama Claims to compensate New York Sandy Hook pilots for their loss of a pilot boat by an attack upon Union pilot boat by Confederate Navy commerce raiders during the American Civil War. The claim focused chiefly on the most famous of these raiders, the CSS Alabama and the CSS Tallahassee. The CSS Tallahassee took 20 prizes before she was forced to return to Wilmington on August 26, 1864. A similar case was James Callahan v. The United States (No. 710).[1]

Background[]

Confederate cruiser and blockade runner CSS Tallahassee.

On August 11, 1864, the William Bell ventured too far out to sea and was captured and burned by the Confederate raiding steamer the CSS Tallahassee. James Callahan was a pilot on the William Bell when it was captured.[2]

On February 23, 1883, the Sandy Hook pilots successfully petitioned the United States District Court for the Southern District of New York via the Alabama Claims award, for compensation of the loss of the pilot boat William Bell during the Civil War. Joseph Gutman, Jr. was the authorized Commissioner for the Alabama Claims Court that took the testimonies and depositions. The owners of the William Bell were Joseph Henderson, John Van Deusen, William Anderson, and James Callahan. Total claims filed were for loss of vessel and outfit was $24,000.[3][4]

Depositions were taken from shipbuilders Edward F. Williams and Richard Poillon of C. & R. Poillon about the cost of building pilot boats and the cost to build a duplicate William Bell.[3] John W. Avery gave a deposition on February 24, 1883. He knew both Henderson and Callahan for over thirty years and stated that he was 69 years old, living in New York. His occupation was in the general grocery and ship stores business. He was a collector and disburser for Henderson and Callahan and other Sandy Hook pilots. He paid the entire cost of the William Bell and submitted receipts for examination to the counsel.[5] In Joseph Henderson's deposition on February 17, 1883, he said he was 56 years of age; living in Brooklyn, New York; was a Sandy Hook pilot since 1847; born in Charleston, South Carolina on Sept. 9th, 1826; was a pilot in the U. S. Transport Service between New York, Port Royal, South Carolina and New Orleans; he was 5/16 owner of the William Bell; he had bought and sold a half a dozen Sandy Hook pilot boats; and was at sea acting as pilot for the Government when the William Bell was captured.[6]

James Callahan filed a similar case in James Callahan v. The United States (No. 710).[7] In his court case Callahan conducted a deposition on February 10, 1883, with his counsel and the counsel for the United States. In his deposition Callahan said that he was 70 years of age; lived in Brooklyn, N. Y.; was a Sandy Hook pilot for 38 years; that he owned 5/16 of the William Bell and was captain of the boat. He was asked to recount the capture of the William Bell by John Taylor Wood, captain of the Confederate CSS Tallahassee.[8]

Judgement[]

The Geneva Board of Arbitration settling the Alabama Claims.

The final award, made on June 5, 1883, gave compensation of $9,289.59 to Henderson, who owned 5/16 shares in the William Bell and James Callahan, $9,410.14, who owned 5/16 shares, for a total award of $18,699.73. Although, this was less than the $24,000.00 amount claimed, it was a resonable settlement.[2][9]

Significance[]

Hardin Craig, Jr., praised the decision of the Alabama Claims to compensate the pilots in his article, The William Bell, A New York Pilot Boat, saying that: "Her owners later filed claims for compensation on the strength of the Alabama Claims award; of concern to this study, however, it is not so much the recovery of damages as the information about New York pilotage in general, and of one typical boat in particular, which was brought out in the course of the testimony." He goes on to say that "To make good their claims, the owners had to show in detail what they had paid for their vessel and for the replacement, as well as a statement about their earnings."[2]

The arbitration of the Alabama Claims established the principle of international arbitration, and launched a movement to codify public international law with the hope for finding peaceful solutions to international disputes.

See also[]

References[]

  1. ^ Marquis, Gred (1998). In Armagedon's Shadow: The Civil War and Canada's Maritime Provinces. McGill Queens Press. p. 233.
  2. ^ a b c "The William Bell, a New York Pilot Boat, by Craig, Hardin, Jr". The Log of Mystic Seaport, Volumes 19-21. 1967. pp. 15–17. Retrieved 3 August 2021.
  3. ^ a b "Joseph Henderson vs. The United States". babel.hathitrust.org. United States. Court of Commissioners of Alabama Claims. 18 November 1882. p. 113. Retrieved 3 August 2021.
  4. ^ "Correspondence concerning claims against Great Britain, transmitted to the Senate of the United States in answer to the resolution of December 4 and 10, 1867, and of May 27, 1868". babel.hathitrust.org. Washington, Govt. print. off., 1869–71. 23 February 1883. p. 398. Retrieved 3 August 2021.
  5. ^ "Deposition of John W. Avery". babel.hathitrust.org. United States. Court of Commissioners of Alabama Claims. 23 February 1883. p. 16. Retrieved 4 August 2021.
  6. ^ "Deposition of Joseph Henderson". babel.hathitrust.org. United States. Court of Commissioners of Alabama Claims. 17 February 1883. p. 13. Retrieved 5 August 2021.
  7. ^ "James Callahan vs. The United States". babel.hathitrust.org. United States. Court of Commissioners of Alabama Claims. 15 February 1883. p. 271. Retrieved 3 August 2021.
  8. ^ "Deposition of James Callahan". babel.hathitrust.org. United States. Court of Commissioners of Alabama Claims. 23 February 1883. p. 5. Retrieved 5 August 2021.
  9. ^ "United States Congressional serial set. 2393. - Full View | HathiTrust Digital Library". babel.hathitrust.org. Retrieved 4 August 2021.
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