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Richardson, James D. (James Daniel), 1843-1914

"Volume 7, part 2: Rutherford B. Hayes"

S. Statutes at Large, p. 569), gave further directions for
the payment, and also provided for the hearing and determination by
the judge of the superior court of St. Augustine of such claims as
had not then been already heard and determined. Under these acts
of Congress I understand that all claims presented to the judges in
Florida were passed upon and the result of the proceedings thus had
reported to the Secretary of the Treasury. It also appears that in
the computation of damages the judges adopted a rule of 5 per cent per
annum on the ascertained actual loss from the date of that loss to the
time of the rendition of their finding, and that the Secretary of the
Treasury in 1836, when the first reports were presented to him, not
deeming this portion of the claims covered by the 5 per cent rule
just and equitable within the meaning of the treaty and the acts of
Congress, refused to pay it, but did continue to pay the ascertained
amounts of actual loss. The demand for payment of this rejected
item has been pressed at various times and in various ways up to the
present time, but Mr. Woodbury's successors in the Treasury Department
have not felt at liberty to review that ruling.
Under these circumstances I have thought it proper to lay the subject
before Congress for its consideration and such action as may be deemed
necessary.


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