The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-05-25

pressy for the principal and interest allowed (See
the civil and diplomatic appropriation acts Of the
9th April, 1878, and 18th April, le20) This was
no doubt owing to the particular character OF the
Claims growing out Of the patriotic exertions Civ
ing rise TO Them and the direct benefit of those
ertions in securing TO the United States valuable
and desirable territory For such demands, consid-
erations OF State policy required in their liquidation
the Indulgence Of liberalty, and il in regard TO
interest as to other matters, extended 10 them.
The proprety and the obligation, therefore, of al
lowing interest upon them, are not, think, now to
be esteemed open questions. The act of 1914 has
received that interpretation, and il il manfestly
in accordance with the policy which led to its pas
sage. Interest being chargeable, the second in
quiry under this head is, what rate should be al
lowed? The claimant insists that he is entitled to
ten per cent First, upon the ground Of contract.
Second, because that was the rate established in
December. 1914. in West Florida.
LIST. The only written contract is the receipt,
Sc, for the arms, &C.. and that is silent TO in
terest. Colonel Kemper says in one Of his answers
to an inerrogatory propounded to him in the suit
against him before alluded 10, that he agreed TO
pay ten per cent. interest, and against him that
statement would be conclusive. But to that suit,
the United States arc neither parties nor privies,
and his statements are, as against them, no evil
dence, and without them there is no proof as to in
terest at all.
3D. The claim, therefore, is TO rest upon the alleged
legal rate allowed in Florida. Without stopping
to inquire whether that the rate claimed, am
of opinion that it cannot be allowed Although
the United States TO pay these claims, they were
under no legal obligation to pay them. Their legal
liability grew out of their own law of 1874 and that
uniformly construed in the case Of each claim
heretofore lquidated under it, only bound them to
pay the rate Of interest known here-that is, six
per cent The propriety Of this construction never
seems to have been questioned; and, in my opin
ion, it is now too late to call it into doubt. de-
eide, therefore, that the claimant is entitled to that
rate of interest, and no other.
Third. From what and to what time is it to be
calculated
think il is to be from the Sd December, 1870 to
the 18th August, l84S-the first being the date of
the contract of purchase and the second that of the
passage of the act under which the claim is now be-
fore you.
Under the act of 1914, the interest each claim
allowed from the date of the claim to that of
the law and but for the refusal of the accounting
officers to pay the claim in question, the interest
upon it would have stopped then They, however,
deemed it their duty to refuse its allowance, and
from that time TO the act of lS4S, at various periods
| and in various modes, the claimant continued to
press it upon the Government until he succeeded
in obtaining the act of 1913. clear in the
opinion that it would be unjust to deny interest
during the interval Every principle of justice and
equity (and the act says that they to guide in
its qudation) prcscribesa different rule, and that
have just said is that he is entitled to interest
from the date of the claim to the date Of the act of
lS4S.
have the honor to be, respectfully, sir,
Your obedient servant,
REVERDY JOHNSON.
Hon. JOHN nj. CLAYToN,
Secretary Of State.