448 - AVBS ISLAND. 



strongly the proposed "basis of adjustment, to "hold myself free to obey 

 your future instructions as to making it an ultimatum. 



An inspection of the papers in the case presented to the department 

 by the claimants, and forwarded to this legation, has confirmed me in 

 this conclusion . 



In a communication to the department, transmitted to this legation 

 in dispatch No. 37, under date of February 20, 1856, Messrs. Shelton, 

 and Sampson & Tappan stated their actual positive losses, exclusive of 

 the guano on the island, which by the present proposition is to be 

 relinquished to them, at $28,500 ; $20,000 of this sum being for false 

 freights, &c., and $8,500 for fixtures and other property. In their 

 subsequent communication to the department, by their attorney, Mr. 

 Sanford, which was transmitted to my predecessor in dispatch No. 46, 

 under date of February 3, 1857, they raised the amount claimed for 

 such actual losses to about $50,000, by adding $16,300 to the sum 

 claimed for false freights, &c., and $6,100 to the sum claimed for fix- 

 tures, &c. But by inspection of this second statement, the department 

 will see, I think, that the $16,300 so added, is made up of those hy- 

 pothetical and consequential damages which are now expressly relin- 

 quished. 



As to th'fe actual losses of Lang & Delano, there is* as yet no proof 

 nor voucher in this legation, and all the information I have on that 

 subject is derived from the recent communication of Mr. Sanford to the 

 department, dated August 10th last, and transmitted to me in your 

 No. 3, which fixes their damages at a maximum of $10,000, and takes 

 an unfavorable view of their right to recover at all. Similar views 

 were expressed by Messrs. Shelton & Co., in the paper transmitted 

 with No. 37, of the Department, to my predecessor ; and these papers 

 are now, by previous request of the claimants, expressed through the 

 department, in the hands of this government. 



Earnestly solicitous as I am, on every account, to bring this busi- 

 ness without delay to a conclusion as favorable as possible to the inter- 

 ests of the claimants, I have thought it my duty thus respectfully to 

 lay before the department the doubts and difficulties which embarrass 

 me, as at present advised^, in making an ultimatum of a proposition, 

 claiming, besides theirelinquishment of the island, the sum of $150,000 

 for Shelton, Sampson & Tappan, and $50,000 for Lang & Delano. 



The general impression prevailing here, and referred to in previous 

 dispatches to the department, as derived from the fact that the '' Aves " 

 was one of the first of the guano islands abandoned as not worth work- 

 ing, is also, I think the department will perceive, a serious difficulty 

 to contend with. I trust, however, that the claimants will as soon as 

 possible, furnish me with the means of counteracting this impression, 

 or at least of replying to it conclusively, if, as I think it not unlikely, 

 it shall hereafter be urged by this government as a reason for a further 

 abatement of their present demand. 



I have the honor to be, your obedient servant, 



E. A. TURPIN. 



Hon. Lewis Cass, 



Secretary of State. 



