paid by her, and received by us, ought to be administered if not in a generous at least in a liberal and equitable spirit toward this sister Republic.

The committee make the following amendment to the pending bill: (1) Strike out the preamble thereof.

(2) Amend the title of said bill so as to read as follows:

A bill to make disposition of the accretions upon the fund received by the Government of the United States upon the account of the payment of the Caracas awards of 1868, and to apply said accretions to the payment of the new awards made in 1889 and 1890 under the Washington commission.

And when so amended we recommend the passage of the bill.

[See Claims against Spain, Gen. Index.]

FIFTY-THIRD CONGRESS, SECOND SESSION.

May 16, 1894.

[Senate Report No. 408.]

Mr. Turpie, from the Committee on Foreign Relations, submitted the following report:

The Committee on Foreign Relations, to whom was referred the bill (S. 1703) providing for the disposal of the accretions of the Virginius indemnity fund, beg leave to report as follows:

Under provisions of the treaty of February 11, 1871, with Spain to ascertain and settle the claims of citizens of the United States against the Government of Spain for injuries suffered by them, a special agreement was made between Minister Cushing and the Spanish minister for foreign affairs, of date February 27, 1875, relative to the Virginius indemnity fund.

Under this agreement Spain paid into the hands of the President of the United States, in three installments, a gross sum of $80,000, to be distributed, under the order and direction of the President, among the several claimants, citizens of this country, for damages in the Virginius case on account of injuries done to such of her crew and passengers as were proven to be citizens of the United States.

The completed payment of this sum in gross was made by Spain of date July 1, 1875. A considerable time elapsed from the date of this payment until the several claims for damages by our citizens had been adjusted and settled in such manner as to make a distribution of the fund.

The money paid had been during this time placed at interest in United States bonds, and the expenditure and distribution of the amount of interest and premium accrued on this investment is the object of the pending bill.

The amount of this accretion, according to the latest report of it made by Secretary Bayard, February 10, 1887, was $24,635.19.

The Government of the United States, as such, suffered no loss and made no claim for any damages on account of the capture of the Virginius.

The special agreement with Spain was entered into only on behalf of private citizens of the United States, or their legal representatives, who had suffered damage by reason of such capture. The Virginius was what is styled in the correspondence a rebel or pirate steamer,

condemned in the courts of Cuba as such, whose passengers and crew were some of them imprisoned, others executed as being aiders and abettors of the rebellion in Cuba, then being waged against the Spanish authority. Several of these passengers and of the crew were citizens of the United States, and thence the claims for damages arose.

The Spanish Government did not interfere in any manner with the adjudications of the Cuban courts, nor did it undertake to reimburse American citizens severally or particularly for wrongs claimed to have been done them by such adjudications, but it did agree to pay and did pay the sum above mentioned to enable the President of the United States to reimburse such of our citizens, the claimants, as he might determine were entitled to compensation for injuries suffered by them. Your committee are of the opinion that the real owners of the fund are also the owners of the accretions thereof, unless there be something in the treaty or agreements of the parties to the transaction or in our own statutes making a different disposition of such accretions.

This fund has never been in the Treasury of the United States-the fund, with the accrued interest and premium thereon, remained in the custody of the Secretary of State, subject to the order of the Presi dent, and the accretions are subject to such disposition thereof as Congress may direct. The principal has been nearly all expended to claimants, but the interest and premiums accrued during the time in which the claims have been pending for proof and settlement is unexpended. There is no law directing the retention of this interest by the Government or by the President, and we therefore think that these accretions should follow the ordinary rule and be treated as a part of the principal. Neither the principal nor the principal with its increment will suffice to pay the full amount of the claims held to be valid and meritorious. A pro rata distribution among claimants is all that can be provided for.

It would be perhaps no violation of law or treaty or agreement that this Government should retain the accrued interest and premiums, and that we should direct them to be covered into the Treasury. Nevertheless, we believe that it would be inequitable and unjust toward our own citizens that such a course should be taken. Such action would be equivalent to that of allowing a mere naked trustee to make some kind of profit or advantage out of the discharge of the duties of his trust. It is true that a trustee may reimburse himself out of the fund for expenses of the trust. But in this case the expenses have been borne for the most part by the claimants themselves. They prepared and filed their claims and proofs in each instance. The only labor performed by our Government, or in behalf of the President, has been that of officials in the State Department, who have examined and passed upon the claims so presented. As all this has been done by officials already salaried for the performance of this and similar duties, it does not appear to us equitable that as against its own citizens, the claimants, this Government should in any way or in any behalf recoup any part of the fund upon account of such service.

Your committee therefore favor the passage of the bill, with the following amendment:

Strike out the word "interest" in the title thereof and insert the word "accretions," as the increment of the fund arises from both interest and premium upon the bonds of the United States in which the principal was originally invested.

With this amendment your committee are of opinion that the bill should pass.

S. Doc. 231, pt 3-11

[See p. 206.]

FIFTY-THIRD CONGRESS, THIRD SESSION.

February 14, 1895.

[Senate Report No. 927.]

Mr. Davis, from the Committee on Foreign Relations, submitted the following report upon Senate resolution of July 24, 1894, calling for copies of all papers and correspondence, diplomatic or otherwise, on file in the State Department in connection with the arrest and imprisonment at Arequipa of Victor H. MacCord.

The Committee on Foreign Relations, to whom was referred "all papers and correspondence, diplomatic or otherwise," on file in the State Department in connection with the arrest and imprisonment at Arequipa, Peru, of Victor H. MacCord, report as follows:

A careful and patient examination of the copies of papers and correspondence transmitted to the Senate in response to its resolution of July 24, 1894, shows that on February 10, 1883, Victor Hugo MacCord, a citizen of the United States, was made consular agent of the United States in Peru, South America, and on February 20, 1883, was recognized as such at Arequipa, the second city in Peru. (See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 3.)

In June, 1885, a revolution was in progress in Peru, under the lead of General Caceres, against the then constitutional government of President Iglesias.

The prefect at Arequipa, Manuel San Roman, was a colonel in the Peruvian army, and was the revolutionary chief at Arequipa, under General Caceres.

On June 11, 1885, Mr. MacCord, who was the acting superintendent of the Arequipa, Puno and Cuzco Railroads, received the following order:

Mr. SUPERINTENDENT OF THE RAILROADS:

JUNE 11, 1885.

You will please place at the disposition of Sergeant-Major Valdez an engine which will to-day leave the station of this city. God guard you.

MAN'L SAN ROMAN.

These are to certify the above-written signature of Man'l San Roman, prefect of the department of Arequipa, under the government of General Caceres, to be of his true and proper handwriting.

British vice-consulate, Arequipa, the 22d day of October, 1888. [SEAL.]

ALEX. HARTLEY,

British Vice-Consul.

(See Ex. Doc. No. 4, Fifty-third Congress, third session, pp. 21, 22.)

And also on the 12th of the same month he received the following order:

Mr. MACCORD,

PREFECTURE OF THE DEPARTMENT, June 12, 1885.

Superintendent of the Railroads:

You will direct by telegraph all orders of the case, in order that the rail line between Cachendo and La Joya remain completely unused.

You will have for that fulfillment until to-morrow very early, in order that this order may be terminantly complied with. As to that, you being in the power of the authority which has to comply with his duty in these circumstances, the mere fact of the fugitive engine passing from La Joya in the direction of this city will place me in the case of shooting you without the least delay, since you alone are responsible for what may happen.

God guard you.

MAN'L SAN ROMAN.

[Indorsement-Translation.]

Mr. A. TAMAYO, Present:

Be pleased to dictate the measures most efficient in order to comply with the order above indicated of the señor prefect.

Cuartel of San Francisco (date as above).

V. H. MACCORD.

CERTIFICATE,

These are to certify the above-written signatures of Man'l San Roman, prefect of the department of Arequipa, under the then government of General Caceres, to be of his true and proper handwriting, the present document having been handed me to keep under date the 12th day of the month of June, 1885.

British vice-consulate, Arequipa, Peru, this 22d day of the month of October, 1888. ALEX. HARTLEY, British Vice-Consul.

(See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 22.)

On the same day, viz, June 12, 1885, simultaneous with the service of the foregoing order of Roman, Mr. MacCord was thrown into prison, whence the order of Roman was promptly complied with by MacCord, from the prison cuartel of San Francisco, as appears from the reference first above given. (See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 22).

On the same day, June 12, 1885, and shortly after the receipt of the foregoing order of Roman, an officer came to the cell in which Mr. MacCord was confined and advised him to arrange his affairs, as there was an order to shoot him within an hour; and less than half an hour afterwards he was marched out to the parade ground and was stood up before a file of soldiers armed with rifles, and was asked if he wished to say anything, as he was to be shot. He replied that he had committed no crime and had nothing to say. Thereupon the officers, three or four in number, consulted together for a moment, one saying "it was not good to kill a man," when he was led back to his cell a prisoner. (See Protest, Ex. Doc. No. 4, Fifty-third Congress, third session, p. 4.)

On June 13, 1885, Mr. MacCord was notified (verbally) by Subprefect Don Francisco Llasa that by order of the prefect he must pay a fine of 10,000 soles, and at once, or severe measures would be taken against his person to compel payment, and no delay would be allowed. Mr. MacCord replied that "it was entirely unjustifiable to impose a fine imposing culpability without even a semblance of an investigation," and was denied a trial, all the time by him demanded. (See Ex. Doc. No. 4, Fifty-third Congress, third session, p. 4.)

On the same day, viz, June 13, 1885, the entire foreign colony resident in the city of Arequipa, headed by the consular corps, went in a body to the prefect's house and obtained from him a promise to have Mr. MacCord confined in some other place which offered more security to his life, and that he would be given a prompt trial in accordance with the law of the country. The first request was complied with; the second disregarded. (See Ex. Doc. No. 4, Fifty-third Congress, third session, pp. 4, 5.)

On June 14, 1885, notice was given by verbal message from the prefect that if the 10,000 soles were not paid before 3 o'clock in the afternoon the "extreme measures" threatened would be applied and the fine increased to 15,000 soles, and if delayed longer, to 20,000 soles. Mr. MacCord again demanded a trial and protested against the illegality of the fine and nonfulfillment of the promise of prompt trial made the night before to the consular corps and to the several members of

the foreign colony, to which nothing but threatening replies were received, when in desperation Mr. MacCord suggested that the amount of the fine be deducted from the balance due the railway by the Government for work done, which was refused. (See Ex. Doc. No. 4, Fiftythird Congress, third session, p. 5.)

On June 15, 1885, word was brought Mr. MacCord that by order of the prefect the prisoner MacCord would not be allowed either food or water, and that every article of furniture would be removed from his cell, which order was forthwith carried out. The cell being a damp one, with a brick floor, he was compelled to stand, as everything, even to a rough stone which might have served him as a seat, was taken away. Without anything to eat or drink since the previous day, it was impossible for him to stand such brutality. Thanks to some of the commercial houses of the city of Arequipa, the 10,000 soles were raised, and at 3 o'clock in the afternoon the prisoner was allowed to go at liberty.

On June 16, 1885, Mr. MacCord made a formal protest against the brutal and inhuman treatment inflicted upon him without shadow of cause given or authority to justify it, which is found in full upon pages 4 and 5, Ex. Doc. No. 4, Fifty-third Congress, third session, and which is as follows:

By this public instrument of protest, be it known and made manifest to all whom it may concern that on the 16th day of the month of June, in the year of our Lord 1885, personally came and appeared before me, Alexander Hartley, esq., acting British vice-consul at Arequipa, in the Republic of Peru, Victor Hugo MacCord, a citizen of the United States of North America, acting superintendent of the Arequipa, Peru, and Cuzco railroads, who deposeth as follows:

In consequence of the political events transpiring in this department of Arequipa since the 8th instant, the prefect, Col. Don Manuel San Roman (appointed by General Caceres), had caused all the engines to be retired from the Mollendo division and concentrated in this city. On the 11th instant the said prefect ordered an engine and train of cars to be put at the orders and under the charge of Sergt. Maj. (Sargento-Mayor) Enrique Valdez, for the purpose of conveying troops somewhere on the Mollendo division, which order was immediately complied with.

During the absence of this train from Arequipa, namely, on Friday, the 12th of June, by the perfidy of the engineer and the carelessness of the officer in charge, the engine ran away and joined the opposing forces at Mollendo. Notwithstanding the fact of the train having been put in charge of the commander of the troops, and there being absolutely no blame attachable to any employee of the railway except the engineer who ran away, the above said MacCord was immediately imprisoned in the San Francisco Barracks, where he received the following official note from the prefect, reading textually:

"Prefectura del Departmento a 12 de Junio de 1885. Senor MacCord, superintendente de los ferro-carriles: Dicte va por telegrafo todas las ordenes del casa para que la linea ferrea entre Cachendo y la Joya quede imitilizada completamende. Tiene va para ello plaza hasta mañana muy temprano, para que esta orden terminante se cumpla, pues estando como esta va en poder de la autoridad que tiene que cumplier su deber en estas circunstancias, el mero hecho de pasar de la Joya en direccion a esta ciudad la maquina fugitiva, me pondra en el caso de fusilarlo sin la mas pequeña dilacion, pues va es el unico responsible de la acouticido-Dios que, a va-Manuel San Roman."

At the foot of the said official note the following instructions were given, reading textually:

"Senor A. Tamayo, Pte. Sierase Vd. dictar las medidas mas eficacies para complir la orden arriba indicada del V. A. MacCord, Curatel de San Francisco. Feeha et Supra."

Some time after the receipt of the note an officer came to the cell and advised the prisoner to arrange his affairs, as there was an order to shoot him within an hour, and less than half an hour afterwards he was marched out to the parade grounds and stood up before a file of soldiers armed with rifles, and asked if he wished to say anything, as he was to be shot. He replied that he had committed no crime and had nothing to say; thereupon the officers, three or four in number, retired a short distance and appeared to consult among themselves a moment, when one said, "It is not good to kill a man," and they then led the prisoner back to his cell. In the meantime some friends, who, having been refused admittance to the prisoner, seeing