442 AVES ISLAND. 



The deiaartment does not find in it, however, that full and unequivo- 

 cal admission of liability which it had a right to expect ; yet from the 

 friendly assurances of Mr. Herrera, from his declaration that the gov- 

 ernment of Venezuela desires "to terminate by an equitable adjust- 

 ment the question in relation to the Aves now pending" before that 

 government ; and, from the testimony of Mr. Eames on the subject, 

 this government is not disposed to doubt that the dispatch of Mr. 

 Herrera was intended as a compliance with its previous demand in 

 dispatch No. 53, and as an acknowledgment of the just liability of 

 Venezuela to make good the losses which accrued to the American 

 citizens by their eviction from Aves Island in 1854. 



In this view of the case, nothing now remains but to adjust the 

 question of damages. These were undoubtedly very great, and a full 

 description of them will be found in your legation, and has doubtless 

 been furnished to Venezuela. The view taken of them by the Vene- 

 zuelan authorities is not known, because upon this branch of the 

 subject no discussion whatever has been had. Upon many of the 

 items there can be no difference of opinion ; and there can be no doubt, 

 either, of the general rule that Venezuela is bound to repair the injury 

 which she inflicted. Her admission of liability implies a withdrawal 

 of her claim to the island and its guano, but the parties cannot be 

 required now to receive back the island after they have been driven 

 away from it and their business destroyed, but are entitled to reason- 

 able damages for its loss. It is understood, moreover, that a large 

 quantity of guano has been removed from it since their eviction, and 

 this department is not informed whether the island is now in possession 

 by Venezuela, so that its surrender would be possible. If it can be 

 returned, the parties interested may be willing, possibly, to receive 

 it, in a spirit of compromise, and thus to reduce the amount of their 

 claims. Indeed, this has been already stated to the department by 

 the agent of the principal claimants. You will find inclosed the copy 

 of a letter from Mr. Sanford to the Secretary of State, dated the 10th 

 instant, which will put you in possession of his views on this subject. 

 The claim of P. S. Shelton & Co., as presented in the printed state- 

 ment now at Caraccas, and supported by a large amount of testimony, 

 amounts in the aggregate to $650,000. 



In view of the present condition of Venezuela, and for the sake of 

 a speedy adjustment, they offer, as a compromise, to accept for their 

 entire claim the sum of $150,000, United States currency, with inter- 

 est at seven per cent., payable at such times as the Venezuelan gov- 

 ernment may agree with you therefor, to be secured by convention of 

 the government of Venezuela similar to those negotiated by Mr. Steele, 

 at Caraccas, on the 8th May, 1852, and 1st June, 1853, relating to 

 claims — a copy of which you will find in the archives of the legation. 

 This proceeds upon the condition that Venezuela is to relinquish to 

 them the possession which they previously had of the island, but with- 

 out, of course, any guarantee by Venezuela of their rights on the island 

 as against any other government. This offer is made, you will ob- 

 serve, in a spirit of compromise; and should it be rejected, it will not 

 diminish the right of Messrs. Shelton & Co. to insist upon the payment 

 of their entire claim. 



