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and crew,

out that the house had not only been broken up, but that its members, in consequence of their connection with the old government and adherence to its cause, had fallen under the displeasure of the new government, and after being imprisoned were either compelled or voluntarily chose to depart from the country, and that their property was decreed to be confiscated to the use of the state. The Macedonian and her cargo were consequently consigned by Howe to the English house of John Thwaites. The government at Lima, however, instituted proceedings against the brig and her cargo and such of the proceeds as were in the hands of Mr. Thwaites, as the property of the Spanish refugee Arismendi, and upon that ground condemned the whole to the use of the state.

The Attorney-General held that the vessel and cargo were American property, and awarded for the vessel the sum of $32, 193.63, and for the cargo the sum of $59,093.87; total, $91,287.50. This sum was made up of five items: (1) Value of the brig, $25,000; (2) money paid to the officers

$7,193.63; (3) actual value of the confiscated cargo at the time and place of seizure, $47,440.75; (4) debts confiscated to the use of the government, $6,167; (5) a particular and separate part of the cargo, $5,486.12. “The residue of the claim not already allowed (except the charge for interest) is,” said the Attorney-General,"rejected, in accordance with the principle which I have adopted throughout limiting the claims of the respective parties to the actual loss sustained, excluding prospective profits dependent upon the chances of business and the uncertain state of the markets, regarding all such charges as falling within the rule of speculative damages. This rule is uniformly adhered to by courts of law in the investigation of similar cases and in my judgment it is entirely consonant with justice and equity among the respective claimants, to apply it in adjudicating these claims. The charge for interest is rejected for the reason assigned in the award in the case of the ship Providence.

It has been seen that by the terms of the convention Acts of the Spanish Au- the indemnity was intended to apply only to claims thorities.

growing out of the acts of the Peruvian authorities. In the case of the schooner Rampart a claim was made for the seizure and detention of the vessel and for damage done her in a hostile attack, and for various articles plundered from the ship and cargo, amounting in the whole to the sum of $8,008. The claim was dismissed on the ground (1) that it was not included in Mr. Larned's list presented to the Government of Peru," and (2) that the evidence showed “that the injuries complained of were committed by the Spanish authorities in Callao.”

In conformity with the provision of the act of ConList of Awards. gress, requiring the Attorney-General at the close of

his commission to report a list of his awards to the Secretary of State, Attorney-General Clifford on August 7, 1847, transmitted to the Department of State the following paper:

PERUVIAN INDEMNITY.

“ATTORNEY-GENERAL'S OFFICE,

"7 August 1847. “List of Awards made by the Attorney-General of the United States under

the Act of Congress, approved 8th August 1846, to carry into effect the Convention between the United States and thé Republic of Peru, concluded at Lima, the 17th day of March 1841.

" Claims allowed.

2, 610.00

To Edward Carrington of Providence, Administrator of Ed

ward Carrington, for detention of the ship Providence, of Providence, and money extorted from the master, the sum of three thousand eight hundred and forty dollars....

$3,810.00 “To Francis Peabody and George Peabody of Salem and John

L. Gardner of Boston, Executors of Joseph Peabody, and Tucker Saland, of Salem, Administrator of . Augustus Peabody, for detention and damage done the ship China of Salem and her cargo, the sum of two thousand seven hundred and ten dollars..

2, 710.00 “To Stephen C. Phillips of Salem for articles stolen from and

damage done to the barqne Peru of Salem, the sum of one thousand and eight dollars and sixty-three cents ....

1,008. 63 “To George Nichols of Salem in his own right and as admin

istrator of Jerathmeel Pierce and Ichabod Nichols, Lydia R. Pierce of Salem, administratrix of Banjamin Pierce, Charles Sanders of West Cambridge and Henry Pierce of Salem, fur detention of the brig Herald of Salem and money extorted from the master, the sum of two thousand six hundred and ten dollars.. To George Nichols of Salem in his own right and as admin

trator of Jerathmeel Pierce and Ichabod Nichols, Lydia R. Pierce of Salem, administratrix of Banjamin Pierce, Charles Sanders of West Cambridge, Henry Pierce of Salem and Banjamin R. Nichols of Boston, for detention and injury to the ship Friendship of Salem, the sum of four thousand dollars...

4,000.00 ** To George Nichols of Salem, administrator of Ichabod Nichols

and Richard Meek of Marblehead, for money sequestered from the ship Friendship of Salem, the sum of six hundred dollars

600.00 “ To Aimee E. Alsop, executrix, and John Sergeant and Gus

tavus Cleeman of Philadelphia, executors of Richard Alsop, for and to the use of his estate, and in trust for Edward L. Scott, and John Huan or their legal representatives for the capture and destruction of the schooner Robinson Crusoe and cargo, the sum of ten thousand dollars.

10,000.00 To Caleb Loring, Thomas B. Wales and Samuel Appleton of

Boston, Philo S. Shelton of Boston, executor of Benjamin P. Hamer, Paschael Paoli Pope of Boston, administrator of William H. Boardman, and Titus Wells of Boston, executor of Abraham Touro, underwriters for part of the cargo of the ship Esther of Boston, confiscated, the sum of one thousand five hundred and eighty-four dollars and seven cents

1, 584.07 “To John Dorr of Boston and Sullivan Dorr of Providence in

their own right and in trust for the estate of D. W. Child of Boston, deceased, for confiscation of the ship Esther of Boston, the sum of twenty-eight thousand one hundred and eleven dollars and ten cents.

28, 111. 10 “ To Samuel F. Tracy of New York, assignee of Henry D. Tracy

for himself and in trust for others according to the said Henry D. Tracy's deed, or instrument of assignment on file, for confiscation of part of the cargo of the ship Esther of Boston the sum of pineteen thousand six hundred and fifty-four dollars and thirty-nine cents

19, 654. 39 To Samuel F. Tracy of New York assignee of Henry D. Tracy

for himself and in trust for others according to the terms of the said Henry D. Tracy's deed or instrument of assignment on tile, for detention of schooner Wasp, the sum of eight hundred dollars....

800.00

"To Samuel F. Tracy of New York, assignee of Henry D. Tracy

for himself and in trust for others according to the terms of said Henry D. Tracy's deed or instrument of assignment on file, for detention of the ship Flying Fish, the sum of six thousand one hundred and thirty-six dollars.

$6, 136.00 “To Samuel F. Tracy of New York, assignee of Henry D. Tracy for himself and in trast for others, according to the term of the said Henry D. Tracy's deed or instrument of assigninent on file, for detention of the schooner Henry, etc., the sum of eight thousand eight hundred dollars

8, 800.00 " To Samuel F. Tracy, assignee of Henry D. Tracy for himself and in trust for others, according to the terms of the said Henry D. Tracy's deed or instrument of assignment on file, for seizure of paval stores, etc., the sum of three thousand eight hundred,and twenty-seven dollars and fifty cents 3, 827.50 “To Frederick G. Low of Gloucester for confiscation of part of

the cargo of the ship Esther, of Boston, the sum of eight hundred and forty-three dollars and twenty-eight cents..

843, 28 * To Porter Harmony of New York for confiscation of the ship

General Broun of New York and cargo, the sum of one hundred and twenty-four thousand six hundred and sixty-eight dollars and seventy-four cents

124, 668. 74 To George C. De Kay, County of Hudson, New Jersey, assignee of the executors of Henry Eckford, for confiscation of the ship General Brown of New York and cargo, the sum of sixty-nine thousand eight hundred and ninety-nine dollars and fiftyfour cents..

69, 899.54 "To G. G. & S. S. Howland of New York, for confiscation of the

ship General Brown of New York and cargo, the sum of seven thousand one hundred and ninety-nine dollars and ninety cents

7, 199.90 "To William Wheelwright for duties illegally extorted the sum of fifteen hundred and seventy-five dollars.

1,575.00 "To Henry Farnam of Boston, administrator of Elipbalet Smith,

for confiscation of part of the cargo of the ship Esther of Boston, the sum of thirteen thousand one hundred and fortysix dollars and twenty-seven cents

13, 146. 27 "To Edward Sharp of Dorchester, administrator of Stphen B.

Howe, for confiscation of part of the cargo of the ship Esther of Boston, the sum of three thousand five hundred and sixtytwo dollars and fifty-six cents.

3, 562.56 "To Thomas Dunlap of Philadelphia, assignee of J. W. Perit

and Joseph Cabox, formerly partners trading under the firm of Perit & Cabox, for detention and injury to the brig Elizabeth Ann of Philadelphia, the sum of three thousand nine hundred and fifty dollars and fifty cents...

3, 950,50 "To Joseph A. Clay of Philadelphia, administrator of C. G.

Swett, for articles stolen and detention of the brig Elizabeth Ann of Philadelphia, the sum of four thousand four hundred and thirty-five dollars and fifty-six cents

4, 435. 56 "To Eliza Paul of Philadelphia, administratrix of Masklin

Clark, for detention of the brig Thetis, the sum of seven thousand one hundred and eighty-o

-one dollars and eightyseven cents.

7, 181.87 "To Thomas C. Amory and Benjamin Humphreys of Boston, executors of John S. Ellery, to and for the use of the estate of the said Ellery, and in trust for the estate of Phillip Mercier, or his legal representatives, for any interest he had in the brig Macedonian of Boston and certain disbursements, for the confiscation of the brig, the sum of thirty-two thousand one hundred and ninety-three dollars and sixty-three cents

32, 193. 63 5627—VOL. 5-14

" To Thomas C. Amory and Benjamin Humphreys of Boston,

administrators of John S. Ellery, Henry Farnam of Boston, administrator of Eliphalet Smith, and Thomas H. Perkins of Boston, for confiscation of the cargo of the brig Macedonian of Boston, the sum of fifty-nine thousand and ninety-three dollars and eighty-seven cents

$59, 093.87 Aggregate amount allowed

421, 432. 41 “The aggregate allowed being greater than the whole amount of the indemnity provided for in the Convention, the several awards are made the basis in each case of the rateable proportion to which the claimants are entitled by the provisions of the Act of the 8th August 1846, in respect to all the sums which have been received or may hereafter be received by the United States from the Republic of Peru, under the stipulations of the Convention aforesaid, first deducting from the whole amount received the sum of three thousand dollars, agreeably to the directions of the fourth section of the Act aforesaid.

“By the fifth section of said Act payments to each claimant are made subject to a further deduction for any sum that may be due to the United States from the person in whose favor the award is made.

“NATHAN CLIFFORD,

"Attorney-General. "Attest: JOHN T. REID, Clerk.

Claims rejected. “Samuel F. Tracy of New York, assignee of Henry D. Tracy,

special claim for damages resulting to mercantile establishment and credit from an illegal arrest and expenses incurred in defense of person and property. Amount claimed, includ. ing interest..

$64, 737. 75 “ Řejected for the reason that no part of the claim is embraced within the terms of the Convention. Isabella Cole and Charles F. Mayer of Baltimore, executors of

William Cole, for the seizure and detention of the schooner Rampart and for damages done to her and for various articles plun lered from the ship and cargo. Amount claimed....... 8, 008.00

* Rejected for the reason that no such claim was included in Mr. Larned's list presented to the Government of Peru, and that no part of it is therefore embraced within the terms of the Convention, and for the further reason that the evidence in the case shows that the injuries complained of were committed by the Spanish authorities. "Charles Thomson Jones of Philadelphia, assignee of Oliver

Brooks, compensation for loss of primage and for sundry expenses and detentions during the seizure of the brig Elizabeth Ann, Amount claimed with interest....

2, 320.00 Rejected for the reason that no part of the claim is embraced within the terms of the convention. “William A. Folger of New York; claim for articles of cloth

ing, etc., robbed from him on board the Eliza Barker. Amonnt claimed

356. 70 “Rejecied for the reason first assigned in the case of Isabella Cole and Charles F. Mayer. “James Reeves of New York, same claim as that of Folger. Amount claimed.

254.50 “Rejected for the reason first assigned in the case of Isabella Cole and Charles F. Mayer. “Frederick Cartwright of New York, same claim as that of Folger. Amount claimed

159.90 “Rejected for the reason first assigned in the case of Isabella Cole and Charles F. Mayer.

"Emmeline B. Riddle, widow of Charles B. Riddle, in behalf

of herself and children; same claim as that of Folger for articles of clothing robbed from her husband. Amount claimed..

$257.40 “Rejected for the reason first assigned in the case of Isabella Cole and Charles F. Mayer.

“$76, 094. 25 “NATHAN CLIFFORD,

Attorney-General. “Attest:

“ JOHN T, REID, Clerk,"

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