436 AVES ISLAND. 



claim, being copy of my note to the Minister of Foreign Relations, 

 under date of 21st ultimo, with copy and translation of his reply, under 

 date of 1st instant, and copy of my note to him, under date of 3d 

 instant. 



By these papers the department will perceive that your open letter, 

 with its inclosures, was delivered to the Minister of Foreign Relations 

 on the 14th ultimo, and accompanied' hy the oral explanations sug- 

 gested in your instruction, that the claim has been further urged by 

 me in my note of the 21st ultimo, and thsft, in his reply of the 1st 

 instant, the Minister of Foreign Relations, recognizing the propriety 

 of reparation in the case, has announced the intention of this govern- 

 ment to conclude an ec^uitable settlement of the claim with the least 

 possible delay. This result of the protracted controversy on the point 

 of liability in this case is adverted to in my note to the minister under 

 date of 3d instant, in a sense of satisfaction in which, I do not doubt, 

 the department will participate. 



By reference to my note of 21st ultimo it will, also, be perceived that 

 I have transmitted to this government all the papers forwarded to this 

 legation by the department, with its No. 37, of 14th August, 1856. 

 This dispatch, as appears by my No. 40, to the department, was first 

 received by me, in duplicate, on the 23d of October last, after my return 

 from Washington, and between that time and the reception of your 

 dispatch of 10th May last, the position and course of the "Aves" 

 negotiation did not appear to ofier me any suitable opportunity for the 

 presentation of further proofs in the case. 



The expressions of Mr. Flerrera in his note to me of 1st instant, in 

 connection with those used by Messrs. Urrutia and Toro in their notes 

 to me of 24th March and 12th May last, transmitted respectively with 

 my Nos. 48 and 55, lead me to the conclusion , that this government 

 proposes to adjust the details of the indemnification in the "Aves" 

 case with this legation ; and taking into consideration your No. 58, of 

 15th December last, your correspondence with Mr. Briceno and your 

 dispatch of 10th May last. I suppose such to be, also, the unchanged 

 view of the department. In, therefore, proceeding with that business, 

 I shall bear in mind the views of the department as indicated in its 

 No. 58, of 15th December fast, and its Nos. 46 and 50, of 3d February 

 and 3d April, 1857, and their respective inclosures. Deeming it prob- 

 able, especially from some of the expressions in your No. 58, that a 

 further communication in regard to the details of the requisite repara- 

 tion in the case, may be soon addressed to this legation by the depart- 

 ment, I respectfully invite your attention to the suggestions contained 

 in the closing paragraph of my No. 22, of October 9, 1856, in my No. 

 30, of January 7, 1857, and especially to the plan of adjustment indi- 

 cated at the close of my note of December 20, 1856, to Mr. Gutierrez, 

 which was transmitted to the department with my No. 30, This gen- 

 eral idea of a satisfactory method of adjustment in the case was adopted 

 by me after mature consideration of its equities, and understanding it 

 to be in substantial conformity with the views of the department, as 

 hitherto made known to me, I see no reason why it should not be now 

 regarded as right and convenient. 



