390 AVES ISLAND. 



to add, in justice to Mr. Eames, that from liis correspondence in the 

 ''Aves" case, which has been transmitted to this department, I have 

 not observed any such evidences of a "hostile attitude," as from the 

 intimation contained in your note you evidently suppose to exist ; and 

 I trust, therefore, that a full inquiry on the subject may satisfy both 

 Venezuela and this government that his motives and conduct in the 

 discussion of the "Aves " case have been wholly misapprehended. With 

 reference, however, to the question whether the final adjustment of the 

 case shall be arranged at Caraccas or Washington, I shall be glad to 

 converse with you on Saturday. 



On the point of liability, or the right of the claimants to a just 

 indemnity, this government has no disposition to enter into a new 

 discussion. Whatever may have been the precise period when, in the 

 judgment of Venezuela, the subject was first brought to its attention, 

 and whether the proofs and arguments of the Venezuelan government 

 had or had not been fully presented at the time when Mr. Eames left 

 Caraccas in June last, it surely cannot be doubted that they have been 

 60 presented now. The late communication of Mr. Gutierrez, dated 

 .31st October last, contains a most elaborate review of the whole case, 

 and it would be unjust to that distinguished gentleman not to admit 

 that it is alike full, ingenious, and able. Yet upon the few points 

 which must control the subject, it has not changed the views of this 

 government, as they had been previously expressed to Venezuela. 



The question of how much or how little delay has been had in the 

 negotiation, is obviously a question of only secondary consequence. It 

 is not to be taken for granted that in every instance of a claim for just 

 indemnity a certain amount of time must necessarily be occupied before 

 its acknowledgment or adjustment. There are plain cases where little 

 delay is needed, and flagrant ones which require prompt reparation. 

 The present case appears to the President to belong to the latter class, 

 because, since this government cannot admit any title in Venezuela to 

 the island in question, it is obliged to regard the summary eviction 

 from it of the American citizens who were pursuing there a lawful 

 occupation as a grave violation of their rights^ and a wrong done to 

 the country under whose flag they thought themselves protected. 



When you inquire, therefore, whether the negotiation on this sub- 

 ject is fixed at Washington, I have to inform you that, with respect to 

 that part of it which is now open, I shall be happy to discuss with you 

 the question whether it shall be closed at Caraccas or here. 



On the subject of the delay of the question in Venezuela, I am, also, 

 quite ready to hear any observations which you may think proper to 

 make ; but I must repeat, that after the case has been fully presented 

 by that republic, the fact that it was not presented at an earlier period 

 ought not to prevent in any way its prompt adjustment now. 

 I avail myself, &c., 



LEWIS CASS. 



Senor Doctor M. De Beiceno, dc. 



