| Richmond April 12 1864 |
| |
| Hon Jas A Seddon |
| Secretary of War |
| |
| Dear Sir |
| The undersigned asks that the draft of
Major Minor Merriwether in favor of the Alabama & Florida R. R.
Co. of Fla for $180,000 be paid as follows -- to wit $100,000 of the
amount in 6 per cent bonds of the 500,000,000 authorized by act of
Congress of February last, and $80,000 in the new issue of Treasury
Notes. |
| This amount ($180,000) is due the Ala
& Fla R R Co. on account of property seized by the Government for
Government purposes. |
| The award -- the amount of which is
intended to be covered by the draft -- was made 12 January 1864 as is
shown by the certificate of the commissioner on the part of the
Government. |
| It is also shown by the same certificate,
that the Gov't impressing officer was not present at the time the
award was made. Neither could his certificate be obtained at that time
although efforts to that end were made. |
| Although diligent effort was made, it came
not until 4th March 1864, nearly two months after the above was made,
and two weeks after the passage of the currency bill, that this draft
was provided. |
| The army Govt rep undoubtedly had the
efforts to depreciate the currency to the amount of the tar. It
appears, therefore to the undersigned that it could be unjust to
require him to take Treasury Notes of the old type or to deduct 33 1/3
per ct from the face of the draft if the amount it paid in necessary
rates of the new issue, as had the amount been received immediately
after the above was rendered it could have been disposed of with our
serious loss to the company before the currency bill was passed. |
| The undersigned also ask that the whole
amount awarded -- to wit $183,160 -- may be paid. The question before
the State commissioner was when is "just compensation" for
this private property taken for public use. In deciding this question
open the evidence presented by the Government and the private party --
they fixed the amount as stated. |
| The undersigned trusts he will be excused
for referring to the fact that for a large amount of iron impressed
from the company he represents -- seizure made May 1862
settlement had June 1863 (as soon as was near treble on amount of
delays of Govt agents) only one hundred dollars per ton was obtained.
This fact is referenced to show that however high the price paid may
seem to be, the forces of uncontrollable events were cause great
injustice to be done innocent parties who are already in other ways
terrible sufferers. |
| Respectfully submitted |
| O M Avery |
| Pres Ala & Fla RR (of Fla) |