Seth Driggs files directly before the Commission sitting at Caracas under the Convention of the 25th of April, 1866, between the United States and Venezuela, a petition in which he complains of violation of law, abuse of authority, and denial of justice committed against him by one of the tribunals of the Federal District (Caracas), and asks the sum of twentyfive thousand dollars as compensation for the injury he has suffered.

This claim had previously been presented in December, 1867, to the U. S. Legation at Caracas, which, as it seems, took no action respecting it. Before this Commission, it is not represented.

From the judicial proceedings to which said Driggs refers in his original petition, it appears that the facts on which he founds the claim did not happen exactly as he states them. What he calls his dwelling in Caracas, esquina del Conde, because of the unlawful entering of which he complains, was the commercial establishment of a certain Miss Fanny Tourrell, not claiming to be a citizen of the United States; and the appearing of the judge in said establishment was in performance of his official duties. Lastly, Driggs' imprisonment was not, so far as is shown, unlawful.

Regarding the action prosecuted by the claimant against Miss Tourrell and Francisco Maria Villarroel, in respect of which he complains of the court, he obtained, so far as appears, justice and has no just ground of complaint. It is

proper to add that even if, in our opinion, the judgments complained of were not what they should have been, Mr. Driggs should have sought their correction in the proper reviewing court of Venezuela, as he could have done. Not having done so, or sought redress of any kind in that government, he stands bound by these judgments, there being no showing of the want of jurisdiction or of illegality. The Commission does not find this claim in any way justified, and, therefore, disallows it.

This claim is for a balance of $7,050 and interest on account of alleged services rendered by Paul Bettiker, claiming (in 1845) to be a citizen of the United States, as lieutenant in the Venezuelan army for a period of " upwards of four years" from 1818 to 1822. There seems to be no record evidence of this service in the Venezuelan archives; and the claimant, as is stated, lost his papers pertaining to it in a shipwreck in 1839. He made application for the first time to the Venezuelan Government for this balance in 1845. He was then informed by the Secretary of War and Marine that, while the Republic of Colombia had made arrangements to liquidate and pay for services in the Patriot army, still if he would prove the time he entered the service of the Republic, the length of his service, his grade, and the motive of his separation" data that are not found in the office of the Secretary"-the account would be adjusted so far as

Venezuela was concerned. He seems to have failed to make the showing. The government itself on investigation procured evidence to the effect that he had served in the Colombian army, and participated valiantly in several engagements, but how long he served, why or when he quit the army, or whether he was paid, the evidence does not disclose. There is no sufficient reason given for the long delay in presenting his claim. By reason of that delay the Government, though manifestly striving in good faith to obtain them, was unable to procure the necessary data upon which to base a settlement.

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2. There are indications in the papers that at the time of his services, and for years afterwards, he was not a citizen of the United States, but a British subject. These are strengthened by his memorial to the Venezuelan authorities in 1845. In it he says he is now a citizen of the United States," and relates that in his passage from Liverpool to the United States about six years before, his vessel, the Lockrood, was wrecked, "and about fifty passengers lost their lives; that in this disaster he himself lost all his clothes, papers, books, and indeed everything he had on board, amongst which was his commission as lieutenant, and other valuable papers." He was then probably on his voyage to his newly-chosen home. There is no evidence that prior to 1839 he was a citizen of the United States. This case bears the impress of honesty, and it has evidently been regarded in that light by the Venezuelan authorities; but its infirmities we have no power to cure. It fails in the proof, and for want of required citizenship.

(See cases Nos. 36 and 34.)

There might be other considerations in its way, but it is unnecessary to discuss them. The claim is disallowed.

This claim is for $17,542 in Venezuelan currency, value of merchandises, cattle, and money furnished by Doctor Buenaventura Soto, in 1859, to the Federal army under the command of General Francisco Linares Alcántara.

Doctor Buenaventura Soto was a citizen of Venezuela. Lorenzo H. Finn, his brother-in-law, represented him as attorney, a circumstance which does not suffice to give his claim the nature of one of a citizen of the United States. He alleges himself to be also a partner of Doctor Soto; but of such fact there is no sufficient evidence.

This case, on call of the docket, was submitted some time ago, and a conclusion reached as indicated; but as counsel for the claimant was not aware of the submission, the case was held for argument. Argument being heard, we are only confirmed in the conclusion then reached. It now transpires that the property was taken in the cause of insurrection against the constituted authorities of Venezuela.

If Finn was partner, non constat, he had any equitable interest in the firm assets as between the partners. If the claimant does not tell us what his interest was, or whether he really and equitably had any, how does he expect us to ascertain? Are we to guess at it? We think not. The claim to be allowed ought to be fairly made out to satisfy the conscience of its rightfulness and extent.

The evidence, besides, plainly shows by a preponderance that the property was Soto's. There is only, we may say, the claimant's petition before the former Commission which