AVES ISLAND. 173 



dient to provide ; that said agents or officers should see to the due 

 compliance with our civil and political laws ; that they should inter- 

 vene in the excavation and the importation, the latter to be verified 

 and vouched for by the bills of lading ; that the contractors should 

 pay a fine of ten dollars for each ton taken out without due formality, 

 without prejudice to the compliance with the laws, and with govern- 

 mental regulations, enacted in relation to abuses against the national 

 property and revenues ; that all doubts and differences as to the con- 

 struction of the contract should be decided by the supreme court of 

 justice of Venezuela ; and lastly, that the government should work out 

 and explore, on account of the nation, a quantity of guano sufficient 

 to load a certain number of vessels, which was subsequently, by agree- 

 ment, fixed at twelve in the month of October last. 



Such are the stipulations of the agreement of the 29th of September 

 last, and though the executive power is conscious that they are much 

 more advantageous than were those previously contracted for, still I 

 cannot refrain from submitting to Congress that, had it not been for 

 the mass of reasons and special circumstances which operated in favor 

 of the agent of the company, even the recourse of diplomatic means 

 in his purpose of asserting the validity of the agreement which had 

 been rescinded, or failing in this, of claiming enormous indemnities, 

 his excellency the President of the republic would have dwelt longer 

 on the consideration and settlement of the question. 



Mr. Sanford to Mr. Marcy. 



Brevoort House, New York, 



January 26, 1857. 



Sir: The vessel in which I sail for St. Thomas has been delayed by 

 the ice, and will not leave till to-morrow. Reflection upon the posi- 

 tion of Mr. Shelton's case, as it is disclosed to me by the official corre- 

 spondence published by the Senate and by the other information I 

 received whilst at Washington last week, has induced me to prepare 

 and submit an additional statement or memorandum of the damages 

 claimed by Messrs. Shelton and Sampson & Tappan, and which is now 

 inclosed to be filed in the department. You will notice, first, that 

 the damages now claimed are augmented since the statement filed 

 January 29, 1855 ; and second, that we have now presented a state- 

 ment of what we claim based upon the contingency that Venezuela 

 may offer to restore the isle, and that the United States may possibly 

 deem it advisable to accept such restoration. 



I deem it proper that an explanation should be made in this com- 

 munication on both these points : first, as to the augmentation of the 

 claim ; and secondly, as to the claim now made, if the isle be restored. 



1. In reference to the additional quantity of 12,500 tons of guano 

 at $12 50 per ton, now claimed, we have to say that when we made our 

 former statement we anticipated the speedy settlement of our just claim 

 by Venezuela, and were not disposed to be'exactiug or exorbitant. We 



