the Rio Grande, between the mouth and Roma, not named in the contract, they shall be paid at the current rates prevailing at the time of shipment. In witness whereof, the parties to this contract have hereunto affixed their hands and seals this fourteenth day of June, anno Domini one thousand eight hundred and fifty-five. J. P. GARESCHE, [L. S.] 1st Lieutenant 4th Artillery, A. A. Q. M. JAMES B. ARMSTRONG. [L. S.] Executed in the presence of J. G. BROWNE. THO. EVANS. SECOND COMPTROLLER'S OFFICE, November 25, 1857. I certify that this copy has been carefully compared with the original in this office and found to be correct. J. MADISON CUTTS, Comptroller. THE STATE OF TEXAS, County of Cameron: Articles of agreement made this twelfth day of May, in the year of our Lord one thousand eight hundred and fifty-six, between James B. Armstrong, T. E. Delmas and Brother, Alexander Wiezbiski, Pedro Llosas, Manuel de la Vega, Wenceslao de la Vega, Joseph San Roman, John Young, James Groghan, and Daniel Wolf, all residents of the aforesaid county and State, as follows: The said parties above named have agreed to become partners in the business of buying, owning, and running two certain steamboats upon the Rio Grande, and to the Brazos Santiago, known by the names of the Guadalupe and Swan, the former being of 1373 tons burden, and built at West Elizabeth, Pennsylvania, in the year 1852, and the latter being 12965 tons burden, and built at Jefferson, Indiana, in the year 1851, and by these presents do agree to be copartners together, their copartnership to commence on the 12th day of May of the present year, and to continue until a majority of the partners shall see fit to dissolve said partnership; and to that end and purpose the said James B. Armstrong furnishes and puts into the concern the sum of dollars; T. E. Delmas & Brother, eleven hundred dollars; A. Wiezbiski, eleven hundred dollars; Pedro Llosas, eleven hundred dollars; Manuel de la Vega, five hundred and fifty dollars; Wenceslao de la Vega, five hundred and fifty dollars; Joseph San Roman, thirtythree hundred dollars; John Young, eleven hundred dollars; James Groghan, fifteen hundred dollars; and Daniel Wolf, five hundred dollars, all in cash, as the capital of said firm. All of which it is agreed is to be used and employed in common between them for the support and management of said business for their mutual benefit and advantage. It is further agreed that the several amounts herein before mentioned as capital stock, shall be, and is hereby, divided into shares of five hundred dollars each, each share entitling the owner thereof to one vote, in person or by proxy, at all of the meetings of the company; and said stock or shares shall be transferable upon books of the company, kept for the purpose by the treasurer of said company, provided that no shareholder shall be allowed to transfer any share of said stock without the consent of the majority of the shareholders of this company. And it is agreed by and between the said parties that they will appoint a treasurer and such other officers as may be desired, who shall be required to enter into bond for the faithful discharge of their duties, and a majority of said shareholders shall have power to remove or appoint a captain or captains for said boats; and that said stockholders shall hold regular meetings on the first Monday of every month, for the direction and tranaction of the business of the company; and the captains of the respective boats shall make monthly reports of the business of said boats to said shareholders, at their regular meetings aforesaid, and shall also forthwith make a statment of the receipts and expenditures of the said steamboats Guadalupe and Swan from the time of their arrival in the Rio Grande up to the present time. And it is further agreed that the books of the said boats shall be open to the inspection of the shareholders at all times, and that the meetings of said company shall be held in the city of Brownsville. That in the event of the receipts of said boats being insufficient to keep said boats in repair and to run the same, we hereby severally bind ourselves to contribute such amounts, in proportion to our original stock, as shall be sufficient for the aforesaid purposes. That in case of the death of any one or more of the stockholders in this company, the business of this said company shall not be delayed, impeded, or embarrassed in consequence of such death or deaths, and that the remaining stockholders shall continue to transact the business of said company in the same manner as if no death or deaths had occurred. And it is hereby agreed between J. B. Armstrong and the other copartners herein named, that all of the profits and benefits. arising from and on account of a certain contract made between him the said J. B. Armstrong and the government of the United States, on or about the day of, A. D. —, for the conveyance and transportation of government stores, troops, munitions of war, &c., from Brazos Santiago to Rio Grande City, and other points on the Rio Grande, shall inure to the benefit of all the copartners herein named, and shall be considered as a contract of this company, the same as any other business of said company. Witness our hands and seals, using scrawls for seals, the date and year above written. J. B. ARMSTRONG. MANUEL J. DE LA VEGA. By JOSEPH SAN ROMAN. In the presence of- UNITED STATES OF AMERICA, District of Texas: I hereby certify that the foregoing is a true copy of the original contract. Witness my official signature and seal at Brownsville this 3d June, [L. S.] 1857. F. CUMMINGS, United States Commisioner. COURT OF CLAIMS-No. 965. JAMES B. ARMSTRONG vs. THE UNITED STATES. On this second day of October, 1857, before me, the undersigned authority, personally appeared John R. Butler, who, being duly sworn, deposes and says: That his profession is that of a seaman; that for more than twenty-five years, heretofore, he has in that capacity been in command of sailing and steam vessels; that for the last four years he has resided at Point Isabel, and has been and is now acting as the agent of underwriters for several companies for the port of Brazos de Santiago; that he is well acquainted with the steamboats called the "Guadalupe" and the" Swan;" that, as such agent, he was called upon to examine said boats and report upon their condition; that he attended to that duty, made a thorough and complete examination, and found said boats to be sound, safe, sea-worthy, and fully competent for the trade intended, and in which they were employed; and he hereto attaches accurate copies of the reports made by him on said examination, and declares the same to be in all respects just and true. JNO. R. BUTLER, Agent. Sworn to and subscribed before me this 2d day of October, A. D. 1857. In testimony whereof, I hereunto set my hand and affix the seal of the United States district court for the eastern district of Texas, [L. S.] at Brownsville, the day and year aforesaid. F. J. PARKER, Clerk. Inspection of steamboat Guadalupe. Having been called on to examine the hull of the steamboat "Guadalupe," laying at Brownsville, I repaired on board of her on the 5th instant, and, accompanied by Mr. Richard Beasely, a competent shipcarpenter, I carefully examined her hull and frame particularly. I found that she is four years old, of a very flat model, with sharp bow and square stern. Her frame is strong and close timbered. The floor heads at the knuckle being of sawed curved timber. Her bow is well and strongly secured with breast hooks, and chocks over the apron. She has a good bulkhead amidships, and bulkhead stanchions in each wing, running fore and aft. Having sounded her frame at all the points in her hull, where such vessels are most likely to rot, I found her to be perfectly sound in all parts. She is provided with one 3-inch bower chain, and one bower anchor of five cwt., with several 7 and 9 inch hawsers. And I consider her to be a sound sea-worthy and safe boat for the trade in which she is engaged in, viz: from Brownsville to Roma, on the Rio Grande, and all intermediate places, and to the mouth of the Rio Grande, inside, and that goods on her ought to be insured at the usual rate of premium paid on other first class boats. BROWNSVILLE, September 6, 1856. JNO. R. BUTLER, Agent. AGENCY OF THE Board of UNDERWRITERS OF NEW ORLEANS AND NEW YORK AT POINT ISABEL, August 8, 1855. RESPECTED SIR: On the 6th instant I repaired on board of the steamer Swan, recently arrived in this port, intended to run outside, between this port and the Rio Grande; and, assisted by John Bartell, a competent ship-carpenter, I carefully inspected her hull, ground-tackle, &c. I found her to be nearly five years old; of a flat, long-floored model, with square stern and two rudders, with narrow guards; her frame is strong and close timbered, with powerful bulkheads running fore and aft amidships and in both wings, and shows no signs of weakness or having "worked" in her frame in the seaway. After a careful inspection of all the points in her hull where vessels of her class are most likely to rot, I found her frame to be perfectly sound in all parts, with strong ceiling and four-inch bottom plank. She is provided with two bower-chains, one of one inch and one of fifteen-sixteenths of an inch, and two bower-anchors, of about seven hundred weight each. And I therefore consider her to be a sea-worthy and competent boat for the trade she is intended for on this coast. Very respectfully, your obedient servant, THOMAS A. ADAMS, Esq., JNO. R. BUTLER, Agent. President of the Board of Underwriters of New Orleans. STATE OF TEXAS, County of Cameron, ss: Charles Caswell, of said State and county, being sworn, says: That on the 1st of August, 1855, he was clerk of the steamer Swan; that said steamer Swan arrived, under command of James B. Arm strong, her then captain and master, in the harbor of Brazos de Santiago on the 1st day of August, 1855, prepared to transport government supplies from said Brazos de Santiago to Ringgold barracks, on the Rio Grande; that the said steamer was staunch, and in all respects well found and provided, and well calculated for such transportation. That, upon such arrival, Captain Armstrong immediately reported to the quartermaster's agent at Brazos de Santiago, and to the quartermaster, Lieut. Garesche, at Fort Brown, of his readiness and ability to enter upon the business and duty of such transportation, agreeably to a contract for that purpose theretofore made with said Garesche, as the agent of the government for such purpose. That, notwithstanding such preparation and readiness, no transport of such supplies has, to the present time, been furnished to any of the boats of Captain Armstrong and his co-proprietors. That, shortly after the arrival of the steamer Swan as above stated, in Brazos harbor, she was followed by the steamer Guadalupe, also a good and substantial steamboat, belonging to Captain Armstrong and co-owners, and destined to aid the Swan in the said transportation, and has since remained in the vicinity, at all times prepared to be employed, whenever the agents of the government should furnish such transportation to be performed. This affiant further says that he has been well acquainted with each of said boats for a long time previous to the said 1st of August, 1855, and the saine always stood in the first class of boats of this character for insurance risks. CHAS. E. CASWELL. Sworn and subscribed before me, this 4th day of September, A. D. 1856. [L. S.] office. In testimony whereof, I hereto set my hand and seal of ADMINISTRATORS OF ARMSTRONG vs. THE UNITED STATES. Interrogatory to be propounded to Joseph San Roman, Brownsville, Texas. Question. Will you furnish, for the use of the court in this case, a statement showing, under oath, the amounts required and expended in keeping up the boats for two years, in order to carry out the contract of J. B. Armstrong with the United States, the amounts received, and the actual loss to the contractors by the non-performance of the contract, if any such loss occurred? J. D. B. DEBOW, |