Machado, a Venezuelan. The Commission met in Caracas on August 30, 1867, and held its final session on August 3, 1868. It passed upon forty-nine claims; of these it rejected twenty-five. The total amounts awarded aggregated $1,253,310.30.

Soon after the award Venezuela impeached the proceedings on the ground of fraud. It was alleged that between Thomas N. Stilwell (American minister at Caracas), Commissioner Talmage, and Umpire Machado had been plotted a conspiracy through whose machinations they were to receive from forty to sixty per cent of the sums awarded. The Congress of the United States took up the matter, and endless discussion about it ensued. Whether there was any truth in these charges it is hard to say, but Venezuela made out rather a strong circumstantial case.

After an extended interchange of views between the two governments, the convention of 1888 was signed, creating a new commission to revise in toto the awards of the preceding (and now discredited) board. This Commission consisted of John Little, of Xenia, Ohio, representing the United States, José Andrade, representing Venezuela, and John V. L. Findlay, of Baltimore, Maryland, third Commissioner. It was organized on September 3, 1889, and concluded its labors on September 2, 1890. It considered sixty-three cases, fortynine of which had been also considered by the old Commission. The new Commission disallowed thirty-seven claims on lack of merit, and dismissed twelve for technical reasons. The claims before it totalled $9,529,499.29; it allowed but about ten per cent thereof, namely, $980,572.60.

CHAPTER XXI

ARBITRATIONS WITH PERU, BRAZIL, CHILI, HAITI, AND VENEZUELA

I. CONVENTION BETWEEN THE UNITED STATES AND PERU,

UN

MARCH 17, 1841

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NDER this convention, entered into with reference to the settlement of claims aggregating $1,200,000, Peru agreed to pay the United States $300,000 on account of seizures, captures, detentions, sequestrations, and confiscations of their vessels, or for the damage and destruction of them, of their cargoes, or other property, at sea, and in the ports and territories of Peru, by order of said government of Peru, or under its authority.' The money paid by Peru was distributed by the United States government, acting through the Attorney-General. Here follow some of the awards:

Ship Providence: for detention six days, and extortion of $3000 by the Peruvian naval authorities, $3840.

Ship Esther: seized by soldiers at Callao, December 28, 1822, condemned and fitted out as a war-ship, $28,110.10. (Other items awarded to persons interested in cargo.)

Ship General Brown: seizure of vessel and confiscation of cargo, $201,768.18; amount claimed, $600,000.

Ship Friendship, of Salem: detention thirty-six days, and sequestration of goods, $4600.

Brig Elizabeth Ann: unlawful detention, and other damages, $3950.

Loss of cargo of Elizabeth Ann, claim by Joseph A. Clay, administrator of estate of Charles G. Swett, $4435.56.

Ship Catharine: exaction of double duties, $1575.

Schooner Henry: unlawful detention, and confiscation of property, 88800. Ship Flying Fish and Schooner Wasp: nominal amounts.

Bark Peru of Salem: detention and sequestration of the bark, and property stolen by soldiers, $1008.63.

Ship China: unlawful detention, and damages sustained through a twenty-four pound shot, $2710.

Schooner Robinson Crusoe: seized and destroyed, $10,000.

Brig Macedonian: vessel and cargo condemned and used by the government, $91,287.50.

Other awards brought up the total to $421,432.41. As the amount for distribution was but $300,000, the awards were subjected in payment to a pro rata deduction.

For the illegal arrest of Henry D. Tracy and damages to his commercial establishment nothing was awarded.

II. CONVENTION BETWEEN THE UNITED STATES AND BRAZIL, JANUARY 24, 1849

Under this convention Brazil agreed to pay to the United States in settlement of all claims of American citizens, the sum of $530,000, milreis. In 1850 Mr. George P. Fisher, of Delaware, was appointed by President Taylor, under the act of Congress for carrying into effect the convention of 1849, Commissioner to pass upon the claims and distribute the fund amongst those entitled thereto. As the amount of the fund proved too small to pay the awards in full, a proportionate division of it became necessary.

The Commissioner began to hear claims on July 1, 1850. The following is a summary of findings and payments:

1. Bark Sarah and Esther, of Boston: amount claimed, $17,732.30; disallowed as presented too late.

2. Hayes, Engerer, & Co., amount claimed, Rs. 86, 329,732, and $160,000; disallowed on same ground as No. 1.

3. Brig Toucan, of Boston: amount claimed, $24,220.58; sum awarded, $19,453.83, of which claimant received, as its ratable proportion of the award, $15,008.19.

4. Sloop Morning Star, of Philadelphia: amount claimed, $10,728; disallowed on same ground as No. 1.

5. Bark Yeoman: amount claimed, $31,397; disallowed on same ground as No. 1.

6. Schooner Shilleleh, of Baltimore: amount claimed, $79,847.17; sum awarded, $74,302.69.

7. Ship Shamrock; amount claimed, $77,298; awarded, $26,977.50; proportion paid, $20,973.96.

8. Schooner John S. Bryan, of Boston: amount claimed, $11,270.25; awarded, $3249.17; paid, $2506.90. (Vessel seized in the province of Pará in June, 1836.)

9. Ship Shamrock, of Beverly, Massachusetts: $57,587.73; awarded, $23,777.80; paid, $18,344.12.

amount claimed,

10. Brig Sally Dana, of Philadelphia: amount claimed, $13,023.72; disallowed on the ground "that, according to the principles of international law as uniformly acknowledged and acted upon by the government of the United States, it cannot enforce or demand any claim arising out of a mere contract between one of its citizens and a foreign government.

The learned Commissioner did not state the source of his knowledge of this marvellous "principle." Other men (perhaps not so wise as Commissioner Fisher) have an impression, possibly erroneous, that

the question whether a government will or will not endeavor to enforce a claim growing out of a mere contract between one of its citizens and a foreign government is a question relating solely to the foreign policy of the claimant's government, and having nothing whatever to do with "international law." Men of this stamp (possibly not gifted with the legal acumen of the Commissioner) believe that the competent authority to pass on this question is the government itself, and if the government, either by presenting the claim or by declining to present it, has decided the question, that such decision is conclusive; and that in any event a commissioner to settle claims is not called upon to decide what is or is not, or what ought to be or ought not to be, the foreign policy of his government.

11. Schooner Hope: amount claimed, $2292; awarded, $1130.30; paid, $872.08.

12. The Felicidade: amount awarded, $18,453.90; paid, $14,229.60. 13. Brig Aspasia: amount awarded, $2353.81; paid, $1810.65.

14. Ship Tarquin: amount awarded, $69,869.14; paid, $45,585.96. 15. Ship Canada, of New York: amount claimed, $25,827.92; awarded, 81559.78; paid, $1203.34.

16. Claim of Emanuel Gomez: rejected.

17. Case of Wright and Houghton: amount awarded, $14,678.27; paid, $11,208.30.

18. Bark Navarre: amount awarded, $196.99.

19. Bark Globe, of Philadelphia: amount awarded, $199.22.

20. Ship Louisiana, of New York: amount awarded, $577.94; paid, $445.87.

21. Ship Florence, of Boston: amount awarded, $1453.43; paid, 81121.29.

22. Bark Mystic, of New York: amount awarded, $30,656.75; paid, $23,651.04.

23. Case of Isaac Austin Hayes: amount claimed, $90,000; disallowed "because, the claim being one arising out of the alleged false imprisonment of the said Isaac Austin Hayes by the Brazilian authorities, all right to claim damages for said false imprisonment died with the person of said Hayes according to the well-established maxim of law, 'Actio personalis moritur cum persona.

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The judge who would be willing to lay down and apply this cruel, preposterous doctrine would indicate unmistakably his reversion to barbarism. And so, after reargument, Judge Fisher to some extent abandoned his benighted position and awarded the heirs of this victim the munificent sum of $771.48.

24. Brig Brutus, of New York: amount allowed, $38,655.83; paid, $29,822.19.

25. Case of Captain Wolfe: amount allowed, $2150.27; proportion paid, $1658.88.

26. Brig Caspian, of Boston: allowance made, $54,632.95.

27. Brig Sally Dana, of Philadelphia: amount claimed, $7750; rejected

as a claim arising out of a contract with the government of Brazil, and hence not enforceable, under the alleged principles of "international law."

28. Case of Joseph Ray: claim rejected.

29. Brig Argus, of Boston: claim rejected.

30. Case of James Smith: amount awarded, $965; proportion paid, $757.34.

31. Ship Erie, of Newport: amount awarded, $1138.83; paid, $878.58. 32. Case of Lemuel Wells: rejected.

33. Ship Cincinnatus: rejected.

34. Brig Laine, of Salem: allowance, $53.30; paid, $41.11.

35. Bark Wave: claim for fine illegally imposed; rejected.

36. Schooner Amazon, of New York: amount allowed, $30,229.80; paid, $23,321.73.

37. Vessel Amazon, seizure of cargo. This vessel had engaged in traffic on the river Amazon, in response to an invitation, and in reliance upon a promise, made by the Brazilian chargé d'affaires; and at a time when the vessel was within the Brazilian jurisdiction the government seized it, and confiscated its cargo. Commissioner Fisher disallowed its claim for indemnity for the confiscation, on the ground that this promise of the Brazilian chargé d'affaires did not "amount to a grant by the said imperial government to the stockholders of said association or to any other persons of the right to traffic in merchandise along the coasts of said river." It seems that more "reasons" can be adduced to exculpate these South American countries for robbing civilized men than are contained in all other departments of the literature of fallacy combined!

38. Brig Orient: customs duty illegally exacted; award, $390.87.

A comparison of awards with amounts paid will indicate the scaling down that took place.

III. CONVENTION BETWEEN THE UNITED STATES AND Brazil, MARCH 14, 1870

This convention grew out of the seizure of the American whaleship Canada, 545 tons, Barton Ricketson, Master; Gideon Allen and others, of New Bedford, Massachusetts, owners. The circumstances of the case, as sworn to by the captain, were as follows: The Canada sailed from New Bedford for the Northern Pacific, via the Horn. On the 27th of November, 1865, the ship went on the Garcas Reef, near the mouth of the Rio del Norte, and about nine miles off the Brazilian shore. The captain and crew after five days' work had nearly succeeded in getting her off the reef, when they were attacked by a party of Brazilian soldiers, who took possession of the ship and refused to allow them to continue their work or have anything further to do with their vessel. The captain protested, but in vain; the soldiers allowed the ship to drift back on the reef, the Canada became a wreck, her sails, cargo, and stores were taken ashore by the Brazilians and sold, and the proceeds were paid into the government treasury. The captain and crew got back to the United States as best they could,