380 AYES ISLAND. 



Mr. Cass to Mr. Fames. 



Department of State, 

 Washington, December 15, 1857. 



Sir: Your dispatches numbered 40 and 41 were received on tlie 

 24th. ultimo. From their tenor the department is not without hope 

 that prior to the receipt of this communication, the government of 

 Venezuela will have evinced such a disposition in respect to the ac^ust- 

 ment of the Aves Island claim as to enable you to proceed in the ex- 

 amination of the subject of damages. On this point it is unnecessary 

 at present to go into detail. My predecessor's dispatch of 3d February 

 last, No. 46, transmitted to you a printed statement of the claim, 

 together with a reference to the proofs by which it is supported ; and 

 although some of the items embraced in this statement may be rejected 

 or reduced in amount, it can be safely employed nevertheless as a con- 

 venient basis of adjustment. Mr. Sanford, the attorney and repre- 

 sentative of Messrs. Shelton, Sampson & Tappan, the principal claim- 

 ants, will carry these instructions to you, and will doubtless cooperate 

 with you in your efforts to bring the claim to a satisfactory result. 

 You will find it desirable to confer with him, and, for a thorough un- 

 derstanding of a matter so important to him, you may afford him 

 access to such papers and correspondence as relate to the subject. 

 Having full powers from the principal claimants, he will be prepared 

 to decide on the spot in reference to any settlement which may be pro- 

 posed of their claim. The department will not object to one which 

 maybe satisfactory to you and to him. But it may be not inopportune 

 to suggest, whether in your conferences with Mr. Sanford, prior to the 

 presentation of his statement of damages, a favorable issue would not 

 be promoted by your reduction, jointly, of his claim to such an amount 

 as would fall within the scope of the moderate resources of Venezuela. 

 A different policy may defeat its own object. 



It must be borne in mind, whilst urging this claim to a settlement, 

 that there are other citizens of the United States who claim indemni- 

 fication upon the same grounds as Messrs. Shelton & Co. You have 

 in your possession the papers which they have furnished on this sub- 

 ject, and in making an agreement with reference to the Shelton claim, 

 you will be careful to guard against any sacrifice of their rights. 

 They will be entitled, of course, to whatever damages they may be 

 found to have sustained by their wrongful eviction from Aves Island. 



You will receive with this dispatch copies of Mr. Gutierrez's note of 

 the 21st of September, and of my reply thereto of the 12th of Novem- 

 ber. It is proper to remark, that it is not the intention of this gov- 

 ernment to remove the discussion of the Aves case from Caraccas to 

 Washington. It is believed that it may more promptly be adjusted 

 in Venezuela. The note of Mr. Grutierrez, of September 21, had ref- 

 erence only to the preliminary question of Venezuela's liability. His 

 promised communication on the subject which, in the same note, he 

 announced as being completed and ready for speedy transmission^ has 

 not yet reached the department. Had it been received, and had it 

 contained an admission of the liability referred to, the department 



