TURNER STARKE
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The Committee of Claims, to whom was re/erred the bill from the House of Representatives (No. 78) for the relief of the legal representatives of Richard Harris and Nimrod Farrow, deceased, late of the State of Virginia, report : That, on the 17th day of July, 1818, Richard Harris, of Richmond, in the State of Virginia, entered into a contract with Joseph G. Swift, of the War Department, as agent for the United States, for the construction of a fort on Dauphin island, Mobile bay, with such walls, ditches, embankments, buildings, parts, and dimensions as the engineer, to be employed by the United States, might, from time to time, direct and prescribe ; that the said Harris was to furnish all the materials, artisans, and laborers necessary for such an undertaking ; was to commence the work on or before the 1st day of December, 1818, and complete the same by the 1st day of December, 1821 ; for which, the agent of the War Department, on the part of the United States, agreed to pay as follows : For every cubic yard of earth excavated and removed, 83T*, cents ; for each cubic yard of brick masonry, $11 ; for all carpentry, where scantling or joists may be used, of dimen sions not exceeding in measure ten by ten inches breadth and thickness, 62^ cents per yard, running measure ; for all carpentry, where joists of dimensions smaller than six inches by eight inches breadth and thickness may be used, 44 cents per yard, running measure ; for all flooring with two inch stuff, $2 25 per square yard ; for all flooring with three inch stuff, $3 50 per square yard ; for all double doors, $5 50 per square yard ; for all windows, including frames, shutters, sash, and glazing, $5 50 per square yard ; for all bunks and ceilings, $1 25 per square yard ; for all wainscotting, 37£ cents per running yard ; and for all iron work, 25 cents per pound. The agent of the Government also agreed to pay in advance to said Harris the value of each cargo of materials as the same should arrive and be deposited on Dauphin island, for the construction of said fort ; such sums being considered as in part payment of the work afore said. The agent of the United States further agreed to pay $12,500 at the close of any month after the work should be commenced, if required, provided the work done during the month should amount in value to that sum, exclusive of the materials used in the construction of the same. It was also agreed that at least thirty thousand cubical yards of masonry should be constructed, and at least one hundred thousand cubical yards of earth excavated and removed. On the 14th of August, 1818, Harris en tered into bond in the penalty of $100,000. with Nimrod Farrow as his security, for the fulfilment of this agreement. On the 23d of October, 1818, Farrow executed a deed of trust to J. G. Swift, as agent of the United States, for several tracts of land in Fauquier county, Virginia, whereon the said Farrow then resided, containing, by estimation, 2,200 acres, with two merchant mills, mill seats, and other improvements ; also the whole of the slaves, male and female, then residing on said land and premises, in number between sixty and seventy, for the purpose of indem nifying the United States for advances of money, with interest, to Harris, on account of the fortifications to be erected on Dauphin island, as afore said, as also to indemnify against all damages that might be sustained by reason of a failure, on the part of Harris, to complete his contract. On the 4th day of November, 1818, Harris and Farrow entered into copartnership ; it being agreed between them that the work should be conducted under the exclusive management and direction of Harris ; and that Farrow should purchase all the glaves, merchandise, provisions, and other articles deemed necessary for executing the contract ; the profits aris ing therefrom to be divided equally between them. On the 2d day of August, 1819, an additional bond was executed by Nimrod Farrow to W. K. Armistead, agent of the United States, in the penalty of $111,951 11, with N. Grigsby, J. Titball, and J. Ashley as his securities, conditioned for the faithful application of the sum of $50,000, agreed to be advanced by Colonel Armistead, in addition to the sums already advanced towards the contract on the part of the Government, and which were to be considered as in part payment of the amount which might become due to said Farrow ana Harris, under said contract.
On the 10th day of April, 1820, Farrow and Harris entered into an agreement with General Turner Starke, of Clarke county, in the State of Alabama, by which they sold and conveyed to him and to his heirs and assigns, a moiety of all their estate, real, personal, and mixed, at the " Red Bluffs," on Mobile bay, and on Dauphin island, which was in any way connected with the construction of the fortification on said island ; they also stipulated, by said agreement, to put the said Starke into the immediate possession and custody of all the property, tools, materials, buildings, ma chinery, and every thing whatsoever at both the abovenamed places, viz: the Red Bluffs and Dauphin island, one moiety in his own right, and the other in trust for their own benefit, but subject to the exclusive control of the said Starke. It was further agreed that all the negroes whose names were mentioned in a schedule delivered to the said Starke, (the same negroes subsequently mortgaged to Captain Gadsden,) should remain in his posses sion, as well as any others that might thereafter arrive from Virginia, and to be employed in the construction of said fort. Starke agreed, on his part, to furnish an equal number of slaves with those delivered to him as afore said by Farrow and Harris, to be employed in like manner in the erection of said works ; and also agreed to pay such sums of money for said property, thus transferred, as John R. Mifflin, Theron Kellogg, and Nicholas Weeks should decide was proper, including such improvements as had been actually made, and which were deemed necessary to the completion of said contract with the Government. Starke was to receive, for his ser vices and for the use of the slaves agreed to be employed, an equal part of the profits, and to sustain an equal proportion of the losses, if auy should accrue. It was further agreed, that the property abovo mentioned and described should be conveyed to James Gadsden, captain of engineers, and agent of the United States, to secure the Government in the performance of their undertaking, to which the said Starke had now become a party in interest, and the active agent for the company ; it being expressly stipulated that from that date, (to wit, the 10th of April, 1S20,) the said Starke was to have the entire and exclusive control and superintendence of the whole business operations, until the complete fulfilment of the said contract with the Gov ernment. On the same day on which the foregoing agreement between Harris and Farrow on the one part, and Turner Starke on the other, was entered into, (viz : the 10th of April, 1820.) and in pursuance of one of the stipulations therein contained, (as appears to the committee,) Farrow and Harris executed a deed to Captain Gadsden, as agent for the United States, by which, after reciting the original contract and bond, the articles of association whereby Harris and Farrow became joint contractors with the Government, the sub sequent bond of Farrow and his securities to Col. Armistead, and also that the said Farrow and Harris had purchased,with advances of money made by the agent of the United States, certain lands, vessels, boats, slaves, tools, implements, and other things, and had erected certain houses, sheds, brick yards, (kc, as enumerated and described in a schedule thereto annexed, they conveyed to the said Gadsden, for and on behalf of the United States,and to his heirs and assigns, the tract of land called the "Red Bluffs," to gether with the brickyards, houses, and other appertenances erected thereon : also all the slaves, vessels, boats, tools, implements, and other goods and chattels, in the said schedule mentioned, and such other lands, slaves, &c. as might be purchased afterwards by said contractors with a view to the construction of said fort, with powers to the said Gadsden, (who was. at that time superintending the construction of said fort,) or his successor, to take posession of the same, &c. The said deed being apparently given to insure the faithful application of the funds advanced from time to time by the agent of the United States, but really for the purpose of seouring the property in the hands of General Starke, from the claims of the creditors of Farrow and Harris, and at their express instance and request, as will hereafter appear by the explanation afforded in the evidence of Captain Gadsden on this subject. On the 1st of August, 1822, Harris and Farrow, in consideration of the sum of forty thousand dollars, sold and delivered to Turner Starke, his heirs and assigns, all their property, real, personal, and mixed, on and about the 11 Red Bluffs" and Dauphin island, also all their interest in their aforesaid contract with the United States, and of every properly or thing that is con veyed in trust to the agent of the Government, either for moneys advanced or otherwise. They also released and assigned all the residuary in trust that they had, or might have been entitled to, previous to said last mentioned date, (viz: August the 1st, 1822,) and divested themselves, in favor of said Starke, of all chums, dermnds, rights, and privileges whatever, that might have been expacted under their first contract ; and also invested him with the legal title to all the slaves then on the blufls and at Dauphin island,
TURNER STARKE
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