160 AVES ISLAND. 



a dispatcli from Mr. Eames, dated October 9, and a translation of 

 the Wallace contract. 



It seems to me strange tliat neither in that disj^atch nor in his last, 

 dated November 1, nor since, has he acknowledged the receipt of the 

 depositions of John McCabe, Eichard Thornell, and James Wheeler, 

 nor of the report of Commander de Horsey, transmitted to him by the 

 department some months prior to October, and has made no acknowl- 

 edgment of the dispatch addressed to him on the 14th August, ex- 

 pressing the earnest wish of the government of the United States that 

 the claim of Mr. Shelton might be promptly adjusted, I trust a satis- 

 factory reason for this can be given. 



On the 11th July last, I addressed a letter to the department in 

 relation to those proofs, in answer to a communication from the depart- 

 ment of the 8th of that month, saying ''it is deemed inexpedient to 

 cumulate further testimony until it is known upon what points the 

 government of Venezuela fail to acknowledge the sufficiency of the 

 evidence already presented;" and the department also, in reply, on • 

 the 21st of July, to my letters of the 15th and 11th of the same month, 

 correcting a misapprehension by me of the citation above quoted, says, 

 "it was thought that no practical good could be accomplished by pro- 

 viding additional evidence, until it was seen upon what points it was 

 necessary. ' ' In cor^equence thereof no additional proof has been taken, 

 and we have been anxiously awaiting the expected dispatch from Mr. 

 Eames "containing the exposition of the views of Venezuela," which, 

 I am informed, has not yet been received by the department. I 

 confess I am at a loss what course to pursue. I am not advised 

 authentically, or in any manner, upon what ground Venezuela just- 

 ifies or excuses her outrage upon and spoliation of our property. 

 I am not told upon what ground she now claims title to the island, or 

 whether sh6 still insists the Dias expulsion of Mr. Shelton's agent and 

 workmen was a lawful act or not. I am not advised of the ground she 

 assumes in relation to the paper called the Dias capitulation ; whether 

 she persists in giving it force, or abandons it, nor if any additional 

 proof is required of its being void on account of coercion, fraud, &c., 

 and absence of authority to make it. On all this I am in the dark. 

 Our witnesses are seamen, masters and crews of different vessels, and, 

 it may be presumed, scattered. 



All we learn up to the 9th October is, that he is without proof, ex- 

 cept Captain Gibbs's deposition, of the value of the guano. If it is 

 possible that the other proofs above mentioned were not received by 

 him from the department, I trust the department will ascertain the 

 fact and remedy the accident. 



Eeflection upon the whole subject, and especially as the department 

 declines giving any opinion upon the efficiency of the proof as to any 

 point in the case, has satisfied me that the proper course for the claim- 

 ant will be to procure such additional proofs, if the witnesses can be 

 obtained, and even testimony to rebut the reports and rumors Mr. 

 Eames says are current at Caraccas, and which he^ays he was not war- 

 ranted by any facts in his possession from disputing, and the difficulty 

 in regard to which he felt so "seriously." I am more satisfied of the 

 correctness of this course, when I notice that the suggestions of the 



