MESSRS. KERFORD AND JENKIN.

London, 10th January, 1855.

THE umpire reports that this claim is put in on behalf of Messrs. Kerford and Jenkin, who have been established in Zacaticas as merchants for eighteen years, and have been engaged in trade with Santa Fé, Chihuahua, and other places in the adjoining districts.

The facts and circumstances alleged are as follows:In the year 1845 (3rd March), the Congress of The United States passed an Act, authorizing the export ofmerchandize overland to Canada and to Mexico, viâ Santa Fé, with the benefit of a drawback of duties; and the claimants had, in 1846, prepared in England a quantity of goods suited to the Santa Fé trade, and apparently not suited to any other market. These goods arrived in Philadelphia by the ship "Sarawak," in June, 1846; the Customs' entry is dated 19th June, 1846; at which time war was declared by The United States against Mexico, and all commercial intercourse stopped. The Agents of the claimants on 18th June, 1846, petitioned the Government of The United States, stating that these goods had been prepared expressly for the Santa Fé trade, and, being suited to no other market, immense loss would be sustained if they were not permitted to carry out their views; and that they had 500 mules, 40 wagons, and forty-five men waiting at Fort Independence for the goods, at the charge of Mr. Kerford and partners; they, therefore, prayed permission to send their goods forward with benefit of drawback.

The United States' Government granted the application "under the peculiar circumstances involved, and without giving rise to any inferences as regards the condition of Santa Fé, or to act as a precedent in other cases." The

export entry was dated 29th June, 1846, for 986 packages, goods to Santa Fé and Chihuahua, by the route of the Missouri river, and the invoice value, exclusively of charges, was 14,210. 16s. 11d. The goods arrived at Fort Independence in transitu for Santa Fé, in New Mexico; the Inspector's certificate is dated the 30th July, 1846; and the caravan consisting, according to Mr. Kerford's statement, of 45 wagons, 600 mules, 250 oxen, and about forty horses, value about $80,000; but, according to Mr. Gentry's statement, of 46 wagons, 500 mules, 350 oxen, and 20 horses, value about $68,150, started from Fort Independence, under the care of 80 armed men, in the month of August, the precise day not stated, but late in the season, the month of May being the best month to start in.

After six weeks' march, without interruption, they were overtaken by a detachment of Missouri volunteers, under Colonel Price, to whom Mr. Kerford exhibited the permit, and other papers received from the custom-house at Philadelphia, and represented that he was a British subject. Colonel Price examined every wagon, and detained the caravan ten days, and then suffered it to proceed, and they arrived at Santa Fé, according to Mr. Kerford, on or about the end of October, but the Consular certificate for the return of the duties was dated Santa Fé, 7th October, 1846.

On their arrival at Santa Fé, Mr. Kerford waited on General Kearney, The United States' commander of the district, and complained to him of the treatment he had received from Colonel Price. General Kearney assured him that the road was open to Chihuahua, and that he might proceed with his caravan without risk of further interruption, upon which they proceeded for several days, and had arrived in a wild country, where no supplies or provisions could be obtained, when they were stopped by another body of American volunteers, under the command of Captain Walton, who, on being informed that the goods were British property, allowed them to proceed; but, at the end of two days, sent a body of 200 men after them, who commanded them to halt, and mounted guard round the wagons, with orders to shoot

the first man who should attempt to move. They thought it best to submit, although capable of forcing a passage, as the men were all accustomed to the use of fire arms.

About a month afterwards, Colonel Doniphan took the command of the forces. It appeared to be the duty of the claimant to submit, and he, with the caravan, was detained for two months, according to Mr. Kerford, but according to Mr. Gentry for six weeks, during which the men were exposed to the inclemency of a severe winter, and were reduced to extreme want, and many of the mules and oxen perished. The claimant applied to the Commissary for relief, but was refused on the ground that the troops were on half rations. During the whole of this detention the claimant made repeated applications to be released, which were refused on the ground that the introduction of so much valuable property, though it did not include any munitions of war, would be a great advantage to the enemy from the duties accruing upon it.

At length Colonel Doniphan moved forward to attack Chihuahua, the caravan being ordered to travel in the rear, until a battle took place, in which the Americans were successful. Even then the caravan was not allowed to proceed, but was detained for several weeks (six weeks according to Mr. Gentry), when the vigilance of the guard having been relaxed, they prosecuted the journey and reached Chihuahua the latter end of February, 1847, having been detained three and a half months beyond the time usually required for the journey.

In consequence of this delay, the goods were sold at nearly thirty per cent. below what they would have realized at an earlier period.

To show how little reliance can be placed on the only evidence in support of this claim, the following notes from depositions on oath of Mr. Kerford and Mr. Reuben Gentry are placed in juxta-position, remarks thereon being made in italics: