RELEVANT DOCUMENTS
FROM ADMIRALTY COURT
ABOUT THE MAPLE LEAF

By James F. Moseley

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

    CASE NO.: 84-1383-CIV-J-16
    ST. JOHNS ARCHAEOLOGICAL EXPEDITIONS, INC., Plaintiff

        vs.

    THE UNIDENTIFIED, WRECK ED AND ABANDONED STEAM VESSEL
    (Believed to he the vessel MAPLE LEAF), her tackle, armament, apparel, etc., located within the St. John's River in the vicinity of Mandarin Point: within a 600 foot radius of a Point at coordinates 30* 9.50' N. Latitude and 81*41.2~ W, Longitude, in rem; the UNITED STATES OF AMERICA, in personam, Defendants.

AMENDED VERIFIED COMPLAINT IN ADMIRALTY AND ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF

    COMES NOW the Plaintiff, ST. JOHNS ARCHAEOLOGICAL EXPEDITIONS, INC., by and through its undersigned attorney, and sues THE UNIDENTIFIED, W

GENERAL ALLEGATIONS.

    1. Plaintiff, ST. JOHNS ARCHAEOLOGICAL EXPEDITIONS, INC., is a Florida corporation with its principal place of business in Jacksonville, Florida. The Corporation's ad dress is 100 Riverside Avenue, Jacksonville, Florida 32202.

    2. The Defendant, UNIDENTIFIED, WRECKED AND ABANDONED STEAM VESSEL, is located within the confines of a navigable body of water, the St. Johns River off Mandarin Point, Duval County, at the following location: with a 600 foot radius of a Point at coordinates 30*9.50' N. Latitude and 81041.2 W. Longitude (hereinafter The MAPLE LEAF). The MAPLE LEAF is believed to have sunk during an act of war on or about April 1, 1864. Plaintiff specifically avers that The MAPLE LEAF is within the jurisdiction of this Honorable Court based upon its electronic sightings, visual and manual confirmation of the presence of The MAPLE LEAF's hull, as well as review of historical records including official documents of the Defendant, UNITED STATES OF AMERICA.

    3. The Defendant, UNITED STATES OF AMERICA, at one time is believed to have had a limited proprietary interest in the MAPLE
LEAF.

    4. Plaintiff is the owner of or has access to certain salvage vessels, salvage equipment, and has brought together an archaeological team including engineers, archaeologists, historians, divers, and technical assistants, to conduct exploration and excavation of the MAPLE LEAF consonant with proper archaeological and historical principles. Plain tiff is presently in possession and exclusive control of The MAPLE LEAF.

    5. The remains of The MAPLE LEAF, including her armaments, apparel, tackle, and cargo, are all abandoned maritime property, found, discovered, and confirmed by Plaintiff. On information and belief, The MAPLE LEAF was abandoned by the Defendant, UNITED STATES OF AMERICA, as evidenced by Composite Exhibit 1 hereto, through a series of acts, including but not limited to soliciting and/or entering into contracts for salvage and! or wreck removal in September 1870, September 1882, November 1888 and 1889.

    6. The Plaintiff has engaged in long, extensive, expensive, and dangerous search, exploration, and excavation operations in order to find and possess The MAPLE LEAF, her tackle, armament, apparel, and cargo. Plaintiff is in contact with officials of the State of Florida concerning a plan of excavation.

    7. The services, skills, expenditures of time and money on the part of the Plaintiff are of the highest order of merit.

    8. By virtue of these circumstances, and the Plaintiff's acts, title to The MAPLE LEAF, her tackles, armament, apparel, and cargo, has been vested in Plaintiff, pursuant to the law of finds.

    9. Alternatively, said excavation services constitutes services of the highest merit, justifying a full and liberal salvage award.


COUNT I

(COMPLAINT IN ADMIRALTY).

    10. Plaintiff realleges, as if fully set forth herein, paragraphs one (I) through nine (9) above.

    11. This is a case brought within the admiralty and maritime jurisdiction of this Court within the meaning of Fed. R.Civ.P. 9 (h), and the Supplemental Rules for Certain Admiralty and Maritime Claims, and, in particular, Rules C and D, pursuant to 28 U.S.C. § 1333.

WHEREFORE, Plaintiff prays as follows:

    (a) That proper process issue in accordance with the Supplementary Admiralty Rules, and, since it is impractical for the U.S. Marshal to take possession, that public notice to claimants be given by publication, or otherwise as ordered by the Court.

    (b) That Plaintiff be put into possession of The MAPLE LEAF, including her armament, apparel, tackle, cargo, and that all other per sons, firms, corporations and/or government agencies be enjoined from interfering with the Plaintiff's said title, possession and property.

    (c) That Plaintiff's title in The MAPLE LEAF be confirmed against all claimants and all the world.

    (d) That all governments, governmental agencies, states, and any other persons claiming an interest in The MAPLE LEAF be cited to appear before this Honorable Court and show cause why possession should not be delivered to Plaintiff as having full title, and that Plaintiff be put into full possession thereof, and its title therein be confirmed.

    (e) Alternatively, that Plaintiff be awarded a full and liberal salvage award, preferably in specie, and such other relief as the Court deems appropriate.


COUNT II

(COMPLAINT FOR DECLARATORY RELIEF).

    12. Plaintiff realleges, as is fully set forth herein, paragraphs one (1) through eleven (11) above.

    13. This Court has jurisdiction over this action, pursuant to 28 U.S.C.§§ 1331,1331(1), 1651, and 2201, et seq., 46 U.S.C. § 742, the Supplemental Rules for Certain Admiralty and Maritime Claims, and its pendant jurisdiction.

    14. This is an action for declaratory judgment pursuant to 28 U.S.C. § 2201, for the purpose of determing a question of actual controversy between Plaintiff and THE UNITED STATES OF AMERICA, as herein after more fully appears.

    15. Notwithstanding the apparent abandonment by THE UNITED STATES OF AMERICA, Plaintiff has been unable to se cure from Defendant acknowledgement of said abandonment, so as to be able to proceed with its exploration and salvage of The MAPLE LEAF.

    16. Without a declaration by this Court that THE UNITED STATES OF AMERICA has, indeed, abandoned The MAPLE LEAF, Plaintiff will be unsure as to its title in The MAPLE LEAF.

    WHEREFORE, Plaintiff respectfully requests this Honorable Court to declare that the Defendant, UNITED STATES OF AMERICA, has totally and completely abandoned the Defendant vessel The MAPLE LEAF, and, therefore, has no right title or interest in her whatsoever.


COUNT III

(COMPLAINT FOR INJUNCTIVE RELIEF).

    17. Plaintiff realleges, as is fully set forth herein, paragraphs one (1) through sixteen (16)above.

    18. Plaintiff, by virtue of the aforementioned, is the sole party entitled to possession and control of and title in the Defendant vessel, The MAPLE LEAF.

    19. In order to protect Plaintiff's aforesaid rights and interests in The MAPLE LEAF, and to allow it to properly conduct exploration and salvage operations of The MAPLE LEAF, consonant with proper archaeological and historical principles, it is necessary to protect Plaintiff from interference with its operations and/or the wreck site of The MAPLE LEAF by the Defendant, UNITED STATES OF AMERICA, and other individuals who are or may become aware of the existence and/or location of The MAPLE LEAF, and of Plaintiff's activities at the wreck site.

    20. Because of the unique historical and archaeological significance of The MAPLE LEAF, Plaintiff has no adequate remedy of law to compensate it for losses which may be occasioned by said interference of The UNITED STATES OF AMERICA or other individuals.

    21. As no other parties have any interest in The MAPLE LEAF, it is submitted that no bond should be required by this Court.

WHEREFORE, the Plaintiff prays that the Defendant, UNITED STATES OF AMERICA, and all other individuals be permanently enjoined from:

    (a) Diving in The MAPLE LEAF, as described herein;

    (b) In any way touching or causing mechanical devices to touch The MAPLE LEAF as described herein;

    (c) Exploring, by way of electronic devices or otherwise, the wreck site of The MAPLE LEAF, or asserting claims against The MAPLE LEAF except in this action.

    Respectfully submitted,

    TAYLOR, MOSELEY & JOYNER
    By: /signed/ James F. Moseley

        James F. Moseley
        Robert B. Parrish
        501 West Bay Street
        Jacksonville, Florida 32202

        Attorneys for Plaintiff


REQUEST FOR ADMISSION OF FACTS AND GENUINENESS OF DOCUMENTS

    Pursuant to Fed.R.Ciy.P. 36, Plaintiff in the above-entitled and numbered cause, for the purpose of expediting this cause, hereby requests Defendant UNITED STATES OF AMERICA to make the following pertinent admissions for the purpose of this action only, within 30 days here from:

    1. The Defendant, UNIDENTIFIED, WRECKED AND ABANDONED STEAM VESSEL at the captioned coordinates (hereinafter THE VESSEL) is not the property of the UNITED STATES of AMERICA (hereinafter UNITED STATES).

    2. The vessel has never been the property of the UNITED STATES.

    3. The vessel does not constitute a grave site or cemetery.

    4. The UNITED STATES government, since 1890 to the present, has made no exploration whatsoever of the vessel.

    5. The Government has no present objection to exploration of the vessel by the Plaintiff.

    6. The vessel is the double-stack, sidewheel steamer named "MAPLE LEAF."

    7. The "MAPLE LEAF" was chartered to the UNITED STATES government on September 1,1862, pursuant to agreement made in Boston, Massachusetts between Charles Spear on behalf of her owner, J.H.B. Lang, and Captain William W. McKim, Assistant Quartermaster for the United States Army.

    8. The "MAPLE LEAF" served as an Army troop transport vessel from the time of her original charter until April 1, 1864.

    9. At approximately 4:00 on the morning of April 1, while off Mandarin Point, Florida, the vessel "MAPLE LEAF" struck an explosive device and sank within minutes in approximately 24 feet of water.

    10. At the time of said explosion, the "MAPLE LEAF" was returning from Palatka, Florida, carrying 65 passengers consisting of civilian crew, Union military officers, three Confederate prisoners ,and mid-Florida civilians.

    11. At the time of said explosion, the "MAPLE LEAF" cargo consisted of camp and baggage of the 112th and 169th New York, and the 13th Indiana, regiments, a large portion of Brigadier General Robert S. Foster's and Brigadier General Ames' brigade headquarters, sutlers' goods, and personal property of the civilians who were on board.

    12. The "MAPLE LEAF" was declared a total loss.

    13. On approximately April 2, 1864, officers of the Confederate Army boarded the "MAPLE LEAF" and set her upper cabins on fire, leaving only that portion below the water-line intact.

    14. Up to the moment of her sinking on April 1, 1864, the UNITED STATES did not exercise any option to purchase the vessel pursuant to the charter agreement of September 1, 1862.

    15. The Secretary of the Treasury had the power under the provisions of the Joint Resolution of Congress, approved June21, 1870, to enter into contracts for the preservation, sale or collection of any property which may have been left, abandoned or derelict.

    16. Section 4, Chapter 211, 46 Congress, dated June 14, 1880, is correctly reprinted in Exhibit 1 hereto.

    17. On or about September 26, 1870, the Treasury Department advertised for propositions for purchase of the remains of a sidewheel steamboat "MAPLE LEAF."

    18. The document attached hereto as Exhibit 2 is a copy of said advertisement referred to in the preceding Request for Admission.

    19. On or about October31, 1882, the United States Army Corps of Engineers, by and through Lt. Col. Q.A. Gillmore, entered into a valid contract with Roderick G. Ross of Fernandina for the removal of the wreck and cargo of the steamer "MAPLE LEAF."

    20. The document attached hereto as Composite Exhibit 3 is a true and correct copy of the contract referred to in Request for Admission 19, above.

    21. As a result of the work done on the wreck of the "MAPLE LEAF" by Mr. Roderick G. Ross pursuant to the contract referred to in Requests for Admission 19 and 20, above, work began on January 1, 1883, and was completed by February 1, 1883.

    22. As a result of said work, cargo was removed from the vessel, returned to the UNITED STATES Treasury Department, sold, and the proceeds delivered into the Treasury of the UNITED STATES for utilization in clearing obstructions to navigation.

    23. As a result of said work, the boilers, engine and all salvageable machinery were removed, returned to the Government, and sold and the proceeds delivered into the Treasury of the United States for utilization in clearing obstructions to navigation.

    24. On or about November 5, 1888, the Corps of Engineers again opened bids for the removal of the "MAPLE LEAF" from the St. Johns River.

    25. Mr. Ross was again awarded the contract and once again cleared the obstructions re ported at the site of the wreck of the steamer "MAPLE LEAF."

    26. The 1890 report of the Corps of Engineers, U.S. Army, stated that the obstructions at the site of the wreck of the steamer "MAPLE LEAF" had all been removed and no other obstructions could be discovered.

    27. The chart, copy of which is attached hereto as Exhibit 4, shows in the area circled the location of the wreck of the "MAPLE LEAF" as specified in the contract referred to in Requests for Admission 19 and 20, above.

    28. The "Note," contained on said Exhibit 4 is true and correct as to substance.

    29. The chart attached hereto as Exhibit 5 shows the location of the remains of the wreck of the "MAPLE LEAF" at the completion of the contract for her removal referred to in Requests for Admission 19 and 20, above.

    30. The chart attached hereto as Exhibit 6 shows the location of the remains of the wreck "MAPLE LEAF" in 1884 when lighted beacons were placed in that vicinity shortly after the removal of her remains pursuant to the contract for removal referred to in Requests for Admission 19 and 20, above.

    31. The chart attached hereto as Exhibit 7 is an authentic copy of the official UNITED STATES government chart of the St. Johns River to Hibernia in 1911 as contained in the National Archives, RG-23, Chart 455-B, Ed. 2, Plate No. 1832 (Revised).

    32. The prose contained on said Exhibit 7 is true and correct as to substance.

    33. The chart attached hereto as Exhibit 8 shows that 1981 Orange Park Quadrangle, Florida, official government map corresponding to those charts set forth in the preceding Requests for Admission 27 through 32.

    34. Said Exhibit 8 shows no sign of the "MAPLE LEAF's" wreck site in the circle target area.

    35. . The chart attached hereto as Exhibit 9 is a true and correct copy of the National Oceanographic and Atmospheric Administration National Ocean Survey Chart No. 11492, 13th Edition, June 26, 1982, showing the Mandarin Point area of the St. Johns River as is set forth in those charts attached to Request for Admissions 27 to 34, above.

    36. The prose set forth on said Exhibit 9 is true and correct as to substance.

        TAYLOR, MOSELEY & JOYNER

        By: /signed/ Robert Parrish

        James F. Moseley
        Robert B. Parrish
        501 West Bay Street
        Jacksonville, Florida 32202
        (904) 356-1306


CERTIFICATE OF SERVICE.

    I HEREBY CERTIFY that a true copy of the foregoing was furnished to JOHN E. LAWLOR, III, Assistant United States Attorney, 409 Post Office Building, 311 West Mon roe Street, Jacksonville, Florida, by HAND DELIVERY this 25th day of June, 1986, and to DAMON C. MILLER, Trial Attorney, Torts Branch, Civil Division, U.S. Department of Justice, P.O. Box 14271, Washington, D.C. 20044-4271, by U.S. MAIL this 25th day of June, 1986.


EXHIBIT 1:

    Chap. 211. --- An act making appropriations for the construction, repair, and preservation of certain works on rivers and harbors, and for other purposes.

    Sec. 4. Whenever hereafter the navigation of any river, lake, harbor, or bay, or other navigable water of the United States, shall be obstructed or endangered by any sunken vessel or watercraft, it shall be the duty of the Secretary of War, upon satisfactory information thereof, to cause reasonable notice, of not less than thirty days, to be given, personally or by publication, at least once a week in the newspaper published nearest the locality of such sunken vessel or craft, to all persons interested in such vessel or craft, or in the cargo thereof, of the purpose of said Secretary, unless such vessel or craft shall be removed as soon thereafter as practicable by the parties interested therein, to cause the same to be removed. If such sunken vessel or craft and cargo shall not be removed by the parties interested therein as soon as practicable after the date of the giving of such notice by publication, or after such personal service of notice, as the case may be, such sunken vessel or craft shall be treated as abandoned and derelict, and the Secretary of War shall proceed to remove the same. Such sunken vessel or craft and cargo and all property therein when so re moved shall, after reasonable notice of the time and place of sale, be sold to the highest bidder or bidders for cash, and the proceeds of such sales shall be deposited in the Treasury of the United States to the credit of a fund for the removal of such obstructions to navigation, under the direction of the Secretary of War, and to be paid out for that purpose on his requisition therefore. The provisions of this act shall apply to all such wrecks whether re moved under this act or under any other act of Congress. Such sum of money as may be necessary to execute this section of this act is hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated, to be paid out on the requisition of the Secretary of War. Approved, June 14,1880.

Source: CongressionalStatutes , Forty-Sixth Congress, Sess, II, Page 180; Ibid., Page 197.


EXHIBIT 2:

Sale of Wrecked Property
By the Treasury Department.
    Collector's Office
    Custom House, Jacksonville.
        September 20, 1870.

    Notice is hereby given that the Treasury Department is preparing to receive propositions for the purchase of the following wrecked property, viz:

    1. Remains of the Steamboat "COLUMBINE," sunk near Horse Landing, 20 miles above Palatka, on the St. Johns River. Upper works burned and part of the machinery re moved.

    2. Remains of the sidewheel Steamer "MAPLE LEAF," sunk near Mandarin Point, 15 miles above Jacksonville, on the St. Johns River.

    3. Remains of the sidewheel steamer "DELAWARE," sunk near St. Johns Bar.

    4. Remains of the Propeller "BURNSIDE," sunk below St. Johns Bar.

    5. Remains of the U.S. Gunboat "HARRIET WEED," sunk near St. Johns Bluff.

    6. Remains of the sidewheel Steamer "ALICE PRICE," sunk in Nassau River.

    The acceptance of any proposal for the purchase of any of said wrecked property will be conditioned on the removal of the wreck so as not to constitute an obstruction to navigation.

    Proposals will be received at this office until 12 M., November 1, 1870.

    By order of the Secretary of the Treasury.
        Y.A. Dockray, Collector.


EXHIBIT 3 THRU 9 (not included)


The Maple Leaf. Copyright 1993 by St. Johns Archaeological Expeditions, Inc. Contact Keith Holland

CW 3/01/05