AVES ISLAND. " 447 



ment witli Venezuela "m solido' ' be rejected, these proofs will be equally- 

 applicable in establishing the basis of their claim as that of Shelton ; 

 but they cannot supply the deficiency above referred to. 



On the 21st June, 1855, Land & Delano filed the affidavit of George 

 McG-eorge, which proves the lading of the brig Comery with guano, 

 her return to the United States, and the sending out of the ship Ken- 

 tucky with twenty-one laborers to the Aves Island ; and among the 

 papers filed by you is an affidavit which estimates the value of Lang 

 & Delano's buildings and materials on the island. This, it is believed, 

 is the only specific proof furnished by them or by their agents of their 

 actual expenses incurred, although in January, 1856, they present the 

 items of a claim amounting to |647,910. 



You will perceive the propriety, in the contingency referred to, of 

 having these items supported by proofs in those cases which are sus- 

 ceptible of being so verified. 



I am, sir^ &c., 



JOHN APPLETON, 



Assistant Secretary. 



Henry S. Sanford, Esq., Neiv York. 



Mr. Turpin to Mr. 



No. 4.] Legation of the United States, 



Caraccas, October 23, 1858. 



Sir : With reference to your dispatches Nos. 3, 6, and 7, with their 

 respective inclosures, relative to the ''Aves Island" reclamation, I 

 have now the honor to transmit to the department, in copy, a note on 

 that subject, addressed by me, in pursuance of your instructions, to the 

 minister of foreign relations, under date of 17th instant. 



The restriction by the claimants of their demand to a simple indem- 

 nification for their ''actual, positive losses," and the exclusion by the 

 department of " hypothetical and consequential damages," as expressed 

 in your dispatches and in their inclosures, will, I trust, contribute very 

 much to the prompt and equitable settlement of the reclamation by 

 this government ; and deeming this result to be of high importance, 

 not only to the interests of the claimants, but also to the successful 

 prosecution of the other business of the legation, so long embarrassed 

 by the prosecution of this claim, I have striven, in my note to Mr. 

 Sanojo, so to present the basis of compromise proposed by the claim- 

 ants as to show in the strongest light its claims to a favorable reception. 



Your No. 3 refers to the fact that the amount and mode of indemni- 

 fication have not yet been at all discussed between the two governments, 

 and though some of the expressions in your No. 7 may possibly be re- 

 garded as having a tendency to authorize me to present, as a minimum 

 or ultimatum, the compromise oifered by the claimants, I have thought 

 it more in conformity with the usual practice in such cases, and with 

 the probable wishes of the department, to reserve that point in my first 

 note to this government on the subject, and while recommending 



