"To Samuel F. Tracy of New York, assignee of Henry D. Tracy "To George C. De Kay, County of Hudson, New Jersey, assignee "To G. G. & S. S. Howland of New York, for confiscation of the "To William Wheelwright for duties illegally extorted the sum "To Edward Sharp of Dorchester, administrator of Stphen B. "To Eliza Paul of Philadelphia, administratrix of Masklin "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 5627-VOL. 5—14 $6, 136.00 8,800.00 3,827.50 843.28 124, 668. 74 69,899.54 7, 199.90 1,575.00 13, 146. 27 3,562.56 3,950.50 4, 435.56 7, 181. 87 32, 193.63 "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 Aggregate amount allowed $59, 093.87 421, 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. "Attest: "NATHAN CLIFFORD, 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... "Rejected 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 plundered from the ship and cargo. Amount claimed............. "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.... 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 clothing, etc., robbed from him on board the Eliza Barker. Amount claimed. $64, 737.75 8,008.00 2, 320.00 356, 70 "Rejected 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. Amount claimed "Frederick Cartwright of New York, same claim as that of Folger. 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 Amount "Rejected for the reason first assigned in the case of Isabella Cole and Charles F. Mayer. $257.40 "Attest: "JOHN T. REID, Clerk." "$76,094. 25 "NATHAN CLIFFORD, CHAPTER I. THE BRAZILIAN INDEMNITY: CONVENTION OF JANUARY 24, 1849. Terms of the Convention. By a convention concluded at Rio de Janeiro, January 27, 1849, by David Tod, envoy extraordinary and minister plenipotentiary of the United States near the court of Brazil, and the Viscount of Olinda, then Brazilian secretary of state for foreign affairs, a settlement was effected of the long-pending claims of citizens of the United States against the Government of Brazil, by the latter government agreeing "to place at the disposition of the President of the United States the amount of 530,000 milreis, current money of Brazil, as a reasonable and equitable sum," to comprehend "the whole of the reclamations" collectively, without reference to the merits of any particular case. This sum it was left to the United States to distribute among the claimants; and in order that this might be done properly, it was provided that any documents which threw light on the claims should be delivered by the imperial government to that of the United States. It was stipulated that the indemnity should bear interest at the rate of 6 per cent from July 1, 1849, till it was paid. Legislation. 2 Mr. Tod recommended that the tribunal to distribute the indemnity should sit at Rio de Janeiro, and in this recommendation some of the claimants concurred. An act was, however, approved March 29, 1850, by which provision was made for the appointment of a commissioner to sit in Washington, and of a clerk to assist him. The commissioner was allowed $3,000 a year, and the clerk $2,000; and the commissioner was required to complete his labors within a year from the time of his first attendance in Washington. Organization of the July 1, 1850, Mr. John M. Clayton, Secretary of State, transmitted to Mr. George P. Fisher, of Delaware, a commission from the President, appointing him, by and with the advice and consent of the Senate, as commissioner under the convention and the act of Congress; and on the same day Mr. Clayton transmitted a similar commission to Mr. Philip N. Searle, of New York, as clerk. Mr. Searle was afterward succeeded as clerk by Mr. Charles Howard Edwards. Mr. Fisher entered upon the discharge of his duties as commissioner on July 1, 1850. He adopted rules for the government of procedure, and issued a notice of his appointment through the public press. Mr. Tod to Mr. Clayton, August 23, 1849, H. Ex. Doc. 19, 31 Cong. 1 sess. 29 Stats. at L. 422. |