176 AVES ISLAND. 



more than we charged in January, 1855. If Venezuela insists that we 

 are estopped hy our first statement, she is at full liberty to do so ; and if 

 it should ever be decided that under all the circumstances we have 

 adverted to we are precluded from claiming this $6,100, we shall ac- 

 quiesce ; but still we desire the present statement presented with the 

 proof of its justice, as in such case we presume Venezuela would not 

 demur to paying the $8,500 and interest immediately. 



All the other damages charged in the inclosed statement it will be 

 seen upon examinatian of them are direct effects and consequences of 

 the trespass by Venezuela, and of her most unreasonable and unjust 

 delay in respect to the fair and moderate claim preferred in January, 

 1855, amounting to a little more than half of what we now prove we 

 could properly have claimed, and therefore now demand. If she had 

 settled this case within a reasonable time after it was first presented to . 

 her, nearly two years since, or even given any answer that would have 

 afforded us some reasonable prospect or hope of its early adjustment, 

 none of the items composing the $97,490 now charged would probably 

 have been preferred, and most of them would then not have had founda- 

 tion. That they have arisen since January, 1855, justifies their being 

 added to the former statement. 



We do not supi^ose that you will have any objection to this memo- 

 randum or statement being presented, especially under the circum- 

 stances mentioned, and to its being transmitted to Mr. Eames, to be 

 submitted to the Venezuelan government as our present claim. If 

 you have any doubt as to the propriety of the augmentation of the 

 amount formerly stated, or if you should deem it inexpedient to for- 

 ward the inclosed to Mr. Eames as the basis of his action, we presume 

 all difiiculty on your mind will be removed by the unequivocal declara- 

 tion we now make, and give full authority for him to repeat, in the 

 most binding form, that if Venezuela will yet forthwith adjust and 

 give reasonable assurances of payment in the aggregate of the claim 

 first presented, $341,000, with her own legal rate of interest thereon, 

 we will still give her a full discharge for it, and we will personally 

 abandon all claim to the isle ; but this statement of our just dues ought 

 to be presented to preclude the most hypercritical from objecting to the 

 other. The present statement is founded on the proofs adduced, and 

 if it serves no other purpose it will show that Venezuela should not 

 whisper a word in derogation of the first. 



2. As to the restoration of the isle to us. We make the separate 

 and distinct statement of our claim in such case, because we notice in 

 your dispatches, published in Sen. Doc. No. 25, 3d Sess. 34th Cong., 

 (present session,) you refer to such atonement; and also that Mr. 

 Eames in his dispatch No. 22, of Oi3tober 10, 1856, (not published,) 

 but of which you furnished me a copy, alludes to the reported '' aban- 

 donment" of the isle by " the Philadelphia Guano Company" as 

 '^valueless," &c. We cannot believe that you will agree that such 

 restoration, in part satisfaction to us, is at the option of Venezuela. 

 We were willing to take it back in January, 1855, in part satisfac- 

 tion, and even for some months afterwards, before our property there 

 had been eloigned, wasted, delapidated, and become worthless, and 

 before any guano had been abstracted therefrom, and especially before 



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