repairs, can have gone off without providing in any way for the payment of the account for the work done and the materials furnished him. That would be most culpable, as tending to the discredit of our govBut why should the minister of marine have the account sent ernment. through the foreign office to me? I am, sir, very respectfully, your obedient servant, Hon. EDWARD KENT, United States Consul, Rio de Janeiro. C 12 CONSULATE OF THE UNITED States, SIR: I have the honor to acknowledge the receipt of your note of the 16th instant, asking me to communicate any information in my possession in reference to the claim against the United States, for materials furnished and work done in repairing the steam frigate Susquehanna at the marine arsenal of the imperial government in this city. In reply, I beg leave to say that no communication from Commodore Aulick was made to me on the subject, and that I am entirely ignorant of the grounds or reasons which led him to adopt the determination to leave the accounts unsettled at the time of his departure. The only information I am able to communicate will be found in the enclosed documents, to wit, a copy (translation) of a letter from the intendente of marine to me, dated October 4, 1851, and a copy of my reply, dated October 6, 1851. I am well aware that it is not my province to pass any judgment upon the propriety or correctness of the proceedings of Commodore Aulick. But I cannot withhold the expression of my regret that any difficulty or delay, in reference to the prompt payment of this claim, should arise. It gives me pleasure to say that, during my residence in this city, I have been made acquainted with several instances where prompt, efficient, and valuable aid and assistance has been rendered by the arsenal of marine of this government to vessels of war and of commerce of our country upon request of their commanders, and in every such case the reasonable charges made have been promptly paid. Every instance of difficulty, or delay, or hesitation, in the adjustment and payment of such charges cannot but have an unfavorable effect upon the confidence heretofore extended, and, if often repeated, may lead to an entire withdrawal of confidence, and to a refusal to render any aid or perform any work for our countrymen. Impressed with this view, I thought it my duty to express, in my letter to the intendente, in strong language, my confidence that the claim would be paid, as soon as the matter was brought to the knowledge of the proper department. I have the honor to be, with great respect, your obedient servant, EDWARD KENT. Hon. ROBERT C. SCHENCK, Envoy Ex. and Minister Plen. of the United States, Brazil. Translation of a letter from the Intendente da Marinha to the consul of the United States. October 4, 1851. SIR: I have to request that you will inform me, confidentially, if by chance you are authorized to pay to this department of marine the expense of 11,402,904 reis, to which the repairs of the machinery and masts of the steamer-of-war Susquehanna, done by this arsenal, amount. I avail myself of this opportunity to assure you of my high esteem and distinct consideration, and subscribe myself Your obedient servant, ANTONIO PEDRO DE CARVALHO. To the CONSUL OF THE UNITED STATES. CONSULATE OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your note of the 4th instant, requesting me to inform you confidentially if I am authorized to pay to the department of marine of the imperial government of this empire the amount of the expenses for the repairs upon the United States steamer of war Susquehanna, done at the arsenal of marine in this city. In reply I am compelled to say, that I am not thus authorized, and that no communication on the subject has been made to me. It is with equal surprise and regret that I learn from your communication that Commodore Aulick has sailed from this port without adjusting and paying the amount due for the repairs of the Susquehanna. I am not aware of the grounds upon which he would justify or excuse his course of proceeding. But I' deem it due to my government to avail myself of this early opportunity to assure you, that I am certain that the government of the United States will promptly and unhesitatingly pay in full all the expenses of the repairs in question, and with the acknowledgments that are justly due to the imperial government and its officers for the facilities and kind assistance rendered by them as soon as the matter is brought to their notice through the proper channels of communication. I avail myself of this opportunity to convey to you the assurance of my consideration and esteem. EDWARD KENT, To Exmo. Sr. ANTONIO PEDRO DE CARVALHO, D 12. LEGATION OF THE UNITED STATES, SIR: I have received to-day from the minister and secretary of state for foreign affairs of this government, a communication enclosing an unpaid account against the United States of $11,402 904 reis, for materials furnished and work done at the naval arsenal in this city, in repairing the steam frigate Susquehanna, while she was in this port. This greatly surprises me. Can it be possible that Commodore Aulick has had this work done, and then proceeded upon his cruise, without paying for it or making any arrangement for the adjustment of the account? Before replying to the minister of foreign affairs, or seeking any explanation from the government authorities here, I desire to know whether you can give me any information on the subject. And particularly I wish to ascertain if you know on what pretence or excuse Commodore Aulick has left these accounts unsatisfied. Whether he had any disagreement as to the amount; made any provision, through you, for the payment; or did he have any communication with you, or give you any information in regard to the matter. I am, very respectfully, your obedient servant, JAMES FERGUSON, Esq., ROBERT C. SCHENCK. U. S. Naval Storekeeper, Rio de Janeiro. E 12. RIO DE JANEIRO, October 20, 1851. I had the honor to receive your excellency's letter of the 16th on the 18th instant. In this letter you are pleased to inform me that the minister and secretary of state of foreign affairs of this government has made you a communication, enclosing an unpaid account against the United States of 11,402,904 reis, for materials furnished and work done at the national arsenal in this city, in repairing the steam frigate Susquehanna while she was in this port; and to express your astonishment that Commodore Aulick should have had this work done, and then proceeded on his cruize, without paying for it, or making any arrangement for the adjustment of the account. Your excellency is also pleased to add that, "before replying to the minister of foreign affairs, or seeking any information from the government authorities here, I desire to know whether you can give me any information on the subject, and particularly I wish to ascertain, if you know, on what pretence or excuse Commodore Aulick has left these accounts unsatisfied; whether he had any disagreement as to the amount; made any provision through you for payment, or did he have any communication with you, or give you any information, in regard to the matter?" And, in reply, I beg leave respectfully to state that, until I received your excellency's letter, I was unacquainted with the amount charged against the United States on account of the repairs made to the steam frigate Susquehanna at the arsenal, and fully participate in the surprise expressed by your excellency, that Commodore Aulick should have proceeded on his cruize without making an arrangement for the settlement of this charge, now, that I understand from your letter, that the first intimation you have of this fact is received officially from this government. The information which, agreeably to your desire, I shall have the honor to communicate, will explain why my feeling in this matter should be quite equal to your own. Just previous to the departure of the Susquehanna from this port, a few days only, but after all the assistance required from the arsenal had been rendered, Commodore Aulick, in a conversation I had with him, principally on the subject of the ship's accounts, expressed a most anxious desire to get to sea, and deprecated, in very earnest terms, any delay in their speedy settlement, as he was determined to go to sea on such a day-naming an early day-whether the accounts were settled or not. Finding him in this temper, I availed myself of the occasion to say to him, that the quarter from which most delay was to be apprehended was the arsenal, and that the people there should be urged to send in their bills at once. As to the arsenal, he observed, that he, Commodore Aulick, had applied to the captain superintendent (the inspector, I presume, he meant) for the accounts, who had informed him, Commodore Aulick, that with the accounts he, the captain superintendent, (meaning the inspector,) had nothing to do; that the diplomatists would settle that business. Whether Commodore Aulick followed up his requests for the accounts in other quarters, I do not know, but as, in speaking of the accounts subsequently, he made no reference to the arsenal, I presumed that, acting on the answer of the captain superintendent, or inspector, he had officially communicated with you, as the only accredited channel through which the accounts could be settled, agreeably to the universally received meaning of such an answer as he said he had received from the officer above mentioned, and that, consequently, everything relating to the arsenal had been satisfactorily arranged. Consistently, therefore, with the honor of Commodore Aulick, the only reason I can imagine for his leaving the accounts with this government unsettled is, that he considered, conscientiously considered, the declaration of the inspector or superintendent as conclusive upon that question, so far as he was personally concerned; or that he seriously believed that the Brazilian government, measuring its obligations to the United States by his own favorite standard, the public civilities shown their envoy, had decided that what had been rendered was only a proper return for what had been received, and, by referring the matter of the accounts to diplomatic agency, had impliedly dropped it as a money affair. Having thus given your excellency all the information I possess in the matter of the claims made on the United States, for material furnished and work done at the national arsenal on account of the steam frigate Susquehanna, which I never had the slightest connection with, and for which no provision was made, or ever proposed to be made, through me, it may be proper to add, that all the claims, otherwise, on account of the Susquehanna, amounting to 13,134,000 reis, to the payment of which I stood pledged, have long since been satisfied, except in two instances, amounting to about 800,000 reis, and which the parties can receive whenever they choose to call for it. I remain, sir, with great respect, your most obedient servant, JAMES FERGUSON. To His Excellency ROBERT C. SCHENCK, Minister Plenipotentiary, &c., &c., near the Court of Brazil. No. 18.-F 12. LEGATION OF THE UNITED STATES, The undersigned, envoy extraordinary and minister plenipotentiary of the United States, has the honor to acknowledge the receipt of the note addressed to him by H. E. Paulino José Soares de Souza, of the council of his Majesty the emperor, minister and secretary of state for foreign affairs, dated the 15th instant, enclosing a copy of the account from the department of marine, for the expenses incurred in the repairing of the steam frigate Susquehanna, amounting to eleven contos, four hundred and two mil, nine hundred and four reis. The undersigned has been surprised to learn that Commodore Aulick left this port and proceeded on his cruize with the frigate without having first adjusted and paid this account, or made provision for its payment; and he regrets that any delay in the settlement must consequently take place. But having no authority to draw bills on the proper department in the United States, or on the bankers of the United States in London, as that officer could have done, for work done and materials furnished on naval account, the undersigned can only refer the matter to his government at home. This shall be done without delay; and the undersigned does not doubt that as soon as he can communicate with his government and obtain a reply, he will be supplied with the funds necessary for the full discharge of the amount due. Requesting that this may be communicated to his excellency the minister of marine, the undersigned avails himself of the occasion to renew to his excellency the assurances of his high respect and distinguished consideration. ROBERT C. SCHENK. |