by the act of the Government of Brazil any wrong or injury of which the Government of the United States could rightfully complain, or which could in any manner entitle the said Joseph Ray to indemnity from the Imperial Government of Brazil.” No. 29. Case of the brig Argus, of Boston. Claimants, William S. White, Henry H. Jones, Benjamin C. White, and James Smith. Memorial filed February 28, 1852; amount claimed, $8,445.95. The claim was dismissed by the commissioner on the following grounds: “This claim is one which is alleged to have arisen under the 7th article of the Treaty or General Convention of Peace, Friendship, Commerce and Navigation between the United States of America, and His Majesty the Emperor of Brazil, concluded and signed at Rio de Janeiro, on the twelfth day of December 1828,' which article is in the following words, to wit, 'The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, or merchandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.' In order to substantiate the claim it was necessary to have clearly shewn by the evidence that the said brig Argus was either subjected to an embargo at Rio Grande, or detained there for some military expedition, or for some public or private purpose; but it is not shewn by the evidence in the case that the said brig Argus was forcibly prevented from leaving Rio Grande to go to any other port or place in Brazil or elsewhere; except that she was not allowed to go to the port of Porto Alegre, which had fallen into the hands of a revolutionary party several months previous to the arrival of said brig Argus at Rio Grande, and between which place and Rio Grande all communication had been interdicted by an Imperial Decree, issued at least six weeks before said arrival. Upon a thorough examination of the evidence this case appears to be simply this: That the brig Argus arrived at Rio Grande at a time when all communication between that place and Porto Alegre was cut off by an Imperial Decree; that the Brazilian authorities at Rio Grande made no attempt whatever to prevent said brig from going to any other place than Porto Alegre; that the captain chose voluntarily to remain at Rio Grande because Porto Alegre was the place of his original destination. It is clear therefore that in this case there was neither an embargo nor detention, and that the Brazilian Government could not be held liable for the voluntary act of the master of the Argus in remaining at Rio Grande.” No. 30. Case of James Smith. Memorial filed February 28, 1852; amount claimed, $11,500. Allowance, $965; proportion awarded, $757.34. No. 31. Case of the ship Erie, of Newport, Rhode Island. Claimants, John G. Whitehorne, surviving partner of John G. and Samuel Whitehorne; Charles Devens, John S. Langley, John Stevens, William Littlefield, Samuel Allen; Benjamin Weaver, surviving partner of Solomon G. and Benjamin Weaver; George Hall; Henry Bull, executor of Henry Bull; Augustus Bush and John T. Bush, executors of Thomas Bush; Stanton Peckham and John B. Weeden, administrators of Isaac C. Peckham; Peleg Clarke and Josiah S. Munro, assignees of Russell Coggeshall; and Edward W. Lawtonby Edward W. Lawton, their attorney in fact. Memorial filed March 3, 1852. Allowance, $1,138.83; proportion awarded, $878.58. No. 32. Case of Lemuel Wells. Memorial filed March 17, 1852; amount claimed, $1,823.65. Rejected on the same ground as No. 28. No. 33. Case of the ship Cincinnatus. Claimant, Jacob Barker. Memorial filed May 6, 1852. Claim rejected for "total absence of evidence to support it." No. 34. Case of the brig Laine, of Salem. Claimant, T. Perkins Pingree. Memorial filed May 26, 1852. Claim for anchorage dues illegally exacted. Allowance, $53.30; award, $41.11. No. 35. Case of the bark Wave. Claimant, F. G. Frothingham. Memorial filed June 8, 1852. Claim for a fine illegally imposed. Rejected on same ground as No. 1. No. 36. Case of the schooner Amazon, of New York. Claimants, Benjamin Roberts, president, and William Whitlow, jr., Duncan P. Campbell, John B. Cazeau, Francis Barretto, Elisha Riggs, and Richard M. Lawrence, surviving directors of the New York South American Steamboat Association, etc. Memorial filed June 9, 1852; amount claimed, $107,812.84, with interest at 7 per cent from March 4, 1829. Allowance, including interest, $30,229.80; award, $23,321.73. No. 37. Case of the cargo of the Amazon. Memorials were filed as follows: Benjamin W. Rogers, assignee of Le Roy Bayard & Co., June 29, 1852, $2,600, with interest; John B. Cazeau, for himself and another, June 29, 1852, $5,648.47, with interest; Peter H. Vandervoort, administrator of Peter L. Vandervoort, June 29, 1852, $1,139.45, with interest; John J. Boyd, for himself and another, June 29, 1852, $10,816.10, with interest; Elisha Riggs, by his agent, James Bolton, June 29, 1852, $2,844.65, with interest; B. W. Rogers, for himself and others, June 29, 1852, $6,397.98, with interest. The claim was dismissed "because the invitation and promise given by the chargé d'affaires of the Imperial Government of Brazil near the Government of the United States to the New York South American Steamboat Association to navigate the river Amazon 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." No. 38. Case of the brig Orient. Claimant, Hyman Gratz, president of the Pennsylvania Company for Insurance, etc. Memorial filed June 22, 1852; amount claimed, $264.11, with interest, for customs duty illegally exacted. Allowance (with interest at 6 per cent), $506.65; award, $390.87. The list of money awards was as follows: Nathaniel Hamlin and Parker H. Pierce... Richard S. Stewart, executor of George Law $15, 008. 19 24, 273. 22 Richard S. Stewart, administrator of Samuel Rose.. 33, 050. 03 17, 423. 49 3, 389.08 2,506.90 William Burroughs 18, 344. 12 872.08 William W. Harper, administrator of Samuel B. Harper.. George M. Bunker, administrator of James Bunker.. 14, 229. 60 1,810.65 8,837.02 5, 203.79 Eliza B. Coffin, administratrix of Jared Gardner Sophia Barrett, administratrix of George Barrett.. William B. Coffin and Reuben Swain, 2d, executors of John Swain Nathaniel Barney, administrator of Valentine Swain.. Benjamin F. Gardner, administrator of James Gwin.... Barzillai Luce, or his legal representative. Charles Barnard, or his legal representative... Peter Green, or his legal representative... $4, 418. 51 4, 418. 51 4, 418. 51 4, 418. 51 2,209. 26 2,209.26 2,209.26 1, 925. 09 1, 418.50 1, 122. 97 1, 122.97 980.05 673.78 634. 15 634. 15 634.15 634. 15 634. 15 598.92 598.92 598.92 598.92 598.92 567.39 567.39 567.39 449. 19 Richard J. Arnold, Edward A. Russell, Samuel Russell, Charles F. Tillinghast, executor of Radcliffe Hicks, deceased, and William R. Talbot... 1,203.34 John S. Wright, and Mary H. Houghton, administratrix of Henry 11, 208.30 James Devereux 151.98 John Devereux 153.69 Andrew Foster and George T. Elliott, surviving partners of Andrew Foster & Sons.... 445.87 Francis A. Gray, surviving partner of Francis A. and Samuel C. Wilhelmina de Valangin, sole surviving administratrix of Albert Henry Lewis, administrator of Stephen J. Lewis... James Ellison, executor of Joseph Baker, deceased, Henry Baker and John W. Geyer.... 4,370.90 11, 551.94 8,741.79 James Smith 757.34 Edward W. Lawton, in his own behalf, and as attorney in fact and trustee for John G. Whitehorne, surviving partner of John G. and Samuel Whitehorne, Charles Devens, John S. Langley, John Stevens, William Littlefield, Samuel Allen, Benjamin Weaver, surviving partner of Solomon G. and Benjamin Weaver, George Hall, Henry Bull, executor of Henry Bull, deceased, Augustus Bush and John T. Bush, executors of Thomas Bush, deceased, Stanton Peckham and John B. Weeden, administrators of Isaac C. Peckham, deceased, Peleg Clarke and Josiah S. Munro, assignees of Sanford Bell, and Russell Coggeshall.... T. Perkins Pingree Benjamin W. Rogers, president; William Whitlock, jr., Duncan P. Campbell, John B. Cazeau, Francis Barrett, Elisha Riggs, and Richard M. Lawrence, surviving directors of the New York South American Steamboat Association in trust for the said association and for themselves and the other shareholders of said association Hyman Gratz, president of the Pennsylvania Company for Insurance, etc.... Patrick Barry Hayes, administrator of Isaac Austin Hayes $878.58 41. 11 23, 321.73 390.87 771.48 The foregoing list is attested June 30, 1852, as correct, by George P. Fisher, commissioner, and Charles Howard Edwards, clerk. CHAPTER J. THE CHINESE INDEMNITY: CONVENTION BETWEEN THE UNITED STATES AND CHINA OF NOVEMBER 8, 1858. Origin of the Fund. On the night of December 14, 1856, the foreign factories at Canton were burned and foreigners were compelled to flee the city; and on the 13th of the next month all foreigners were forced to abandon Whampoa, the port of Canton. These incidents were the result of the hostilities between China and Great Britain growing out of the controversy concerning the lorcha Arrow-a controversy which served to inflame the feelings of the Chinese against all foreign residents. "The destruction of the foreign settlements at Canton, although apparently the act of incendiaries," was "known to have been arranged by the authorities of Canton, who made no distinction between enemies and neutrals; and the subsequent proceedings of the Canton government in offering rewards for the heads of all foreigners indiscriminately," were, together with the preceding acts of injury, considered as making the "provincial government and consequently the imperial government responsible to the fullest extent." American citizens having thus been "obliged to leave Canton and Whampoa to save their lives from the indiscriminate fury of the populace, supported by the authorities," claims for their losses in consequence of the destruction of their property and the interruption of their business were preferred by the United States against China. These claims were made the subject of negotiation by Mr. William B. Reed in 1858. In the negotiation of his treaty of amity and commerce with China in that year he endeavored to secure the insertion of an article in relation to claims. The Chinese plenipotentiaries refused to admit it, and he subsequently proposed an arrangement whereby the claims might be gradually liquidated without any open acknowledgment of imperial liability. This end was to be accomplished by devoting a certain proportion of the duties collected on American goods and bottoms at three treaty ports to the payment of the American claims. To this proposal the Chinese plenipotentiaries assented, and it was agreed by means of an exchange of notes that a fund of 600,000 taels, or about $840,000, should be raised in the manner described. In this agreement, however, there were certain elements of inconvenience and uncertainty. It was provided that in the adjudication of claims, and especially of those at Canton, the Chinese Government should be represented by an officer appointed to act for it. This provision was thought 1 McCarthy's Short History of Our Own Times, 164. 2 H. Ex. Doc. 29, 40 Cong. 3 sess. 152. |