In further confirmation of the propriety of the claim, the committee have received from the present Secretary of State, in answer to an inquiry addressed to him, a letter of which the following is a copy: DEPARTMENT OF STATE, Washington, January 6, 1882. SIR: Referring to a letter of the 21st of December ultimo, from the clerk of the Committee on Foreign Relations. relating to the matter of the indebtedness of Henry O. Wagoner, late a United States consular clerk, and requesting that the papers in the case, and such information as the Department had to give, be furnished you as a subcommittee appointed to consider the matter, I have now the honor to transmit herewith inclosed for such consideration copy of Report No. 855, Senate, Forty-sixth Congress, third session, embodying a letter dated the 26th of March, 1880, from Mr. John Hay, then Assistant Secretary, which contains a correct and concise statement of all the information this Department is able to give in the matter, together with a recommendation that the necessary sum might be appropriated by Congress. I send this report in lieu of the papers, which are cumbersome, and from a study of which I feel sure nothing more could be elicited than is contained in Mr. Hay's letter. Should you, however, desire copies of the papers I shall take pleasure in having them prepared and sent to you. I may say here that I agree fully with what Mr. Hay has written, and to his I cordially add my own recommendation that a sum for the payment of Mr. Wagoner's indebtedness be appropriated by Congress. I have the honor to be, sir, your obedient servant, Hon. ELBRIDGE G. LAPHAM, United States Senate. FRED'K T. FRELINGHUYSEN. The committee are of the opinion that in view of the exceptional nature of the case, the peculiar circumstances under which the indebtedness of the deceased to French citizens was incurred, and the inability of his father to pay the same, the good name of our Government requires its payment from the public Treasury, and therefore recommend the passage of the accompanying bill. [See p. 512.] April 25, 1882. [Senate Report No. 496.] Mr. Morgan, from the Committee on Foreign Relations, submitted the following report: The Committee on Foreign Relations, to whom was referred the bill (S. 576) to provide for the adjudication of damages to the Norwegian bark Atlantic by collision with the United States steam sloop of war Vandalia, and for payment of the same, have had the same under consideration, and report: That the owners of the Norwegian bark Atlantic claim of the United States compensation for injuries to their vessel, and for losses by her detention in the port of Lisbon for repairs, under the following alleged state of facts: That the bark Atlantic was upon the high seas, pursuing her voyage from the port of Ozan, in Algeria, to the port of Leith, in Scotland, on the 31st of October, 1876, when she was hailed by the United States steam war sloop Vandalia, who sent out a boat to the Atlantic with a request for newspapers. That some delay occurred because the officer from the Vandalia and the captain of the bark could not converse in the same language. During this delay the vessels collided, and it is claimed by the cap tain of the bark, in a public protest that he made on his arrival at Lisbon, that his vessel was wholly without fault. The Norwegian bark was so damaged by the collision that the Vandalia found it necessary to tow her into Lisbon, Portugal, where shə could be repaired. The officer in command of the Vandalia claims that his ship was without fault, and so reported to the Secretary of the Navy. The claim for compensation appears to be made in good faith and is so far supported by evidence that it requires impartial examination. The King of Sweden and Norway has caused his minister to the United States to bring this subject to the attention of this Government, and to ask that some action be had by Congress by which a mode of adjusting this dispute may be provided. There is no provision of law by which the United States can be sued in courts of admiralty, and ships of war are not subject to any proceeding in rem by persons who may sustain damages by their negligent or improper navigation. The Norwegian minister suggests in his correspondence with the Secretary of State that his Government has provided by law so that suits may be brought against it in its own courts in such cases by persons who have unjustly sustained damages. He presents this as an additional ground for his request that Congress shall provide for a settlement of the claim of his countryman by impartial arbitration. Your committee agree that this request is reasonable and proper, and report back the bill referred to them with an amendment in the nature of a substitute therefor, and recommend its adoption. [See pp. 524, 528.] FORTY-EIGHTH CONGRESS, FIRST SESSION. February 20, 1884. [Senate Report No. 206.] Mr. Wilson, from the Committee on Foreign Relations, submitted the following report: The Committee on Foreign Relations, to whom was referred the several petitions, papers, and documents in the case of Martin Kenofsky, submit the following report, accompanied by a bill, the passage of which is recommended. Martin Kenofsky, a subject of the Emperor of Prussia, came to the United States in 1853, and in 1859 settled at Grenada, Miss., where he continued to reside until March, 1864, when he alleges he left his home in order to avoid conscription in the military service of the Confederate States. He was making his way to Memphis, Tenn., then in possession of the Union forces, having in his possession as the result of many years of toil in the line of his trade (that of a boot and shoe maker) $4,992.50 in gold coin. While pursuing his way within the Union lines he was arrested by the military authorities of the United States, taken to Memphis, put in prison, and deprived of his gold coin. He was not tried for any offense, was soon after discharged, but his money was not restored to him. On May 27, 1865, Kenofsky addressed a petition to Hon. E. M. Stanton, Secretary of War, stating his case and requesting a restoration of his money. This was forwarded through Maj. Gen. C. C. Washburne, then in command of the United States forces at Memphis, with his indorsement thereon as follows, viz: HEADQUARTERS DISTRICT WEST TENNESSEE, Respectfully forwarded to the Secretary of War, with the remark that the facts in the within paper are accurately stated so far as I can ascertain. The gold taken was taken a short time before I took command at Memphis in April, 1864, and went into the hands of General Hurlbut, by whom it was taken away when he was relieved. I found Kenofsky in prison and in irons when I took command, and soon after released him and sent him out of the lines that he might return to Grenada, Miss. Federal officers who were in Grenada in 1863 assure me that he showed our officers and men great attention, and officers now occupying the post of Grenada assure me that it is known that he was always a friend to our Gov ernment. I think he was roughly handled, probably more so than the facts would justify. C. C. WASHBURNE, Major-General. With this indorsement the petition of Kenofsky reached Secretary of War Stanton, and was by him referred to Lieutenant-General Grant, with direction for him to require of General Hurlbut an explanation of the subject and a statement of the whereabouts of the gold. In due course of official routine the following statement was received from General Hurlbut, viz: NEW ORLEANS, June 22, 1865. I have the honor to report on the within case, principally from memory, as the records of the Sixteenth Corps are not accessible to me. Some time in March, 1864, a Jew cotton and gold dealer and smuggler was arrested by the provost-marshal's force at Memphis in the act of passing the lines south with a quantity of gold. This was contrary to Treasury regulations, the orders of General Grant, and my own orders. The case was reported to me by Capt. George A. Williams, first lieutenant, United States Infantry, then provost-marshal at Memphis. I directed the man to be imprisoned and tried, and ordered the gold to be confiscated to the use of the United States, all of which appears upon the records of the Sixteenth Army Corps. The gold, the amount of which I can not now give, was sent, under my direction, by Captain Williams, to St. Louis or Chicago and converted into paper currency at proper premiums. My headquarters were removed to Cairo. At that place the messenger in charge reported to me the amount of United States notes the produce of the exchange, $8,861. This amount was taken up by me and has been lawfully used in the secret service of the United States, for which I am at all times ready to account and display proper vouchers. The annexed account will show the statement of this particular fund up to the 4th May, 1864, when I ceased to command the Sixteenth Army Corps. The amount of $5,001, charged to Lieut. Col. W. H. Thurston, assistant inspector-general Sixteenth Army Corps, was left with him for use of my successor in command of the corps. No successor was appointed, and that sum was paid back to me by him and expended in the Department of the Gulf. I am satisfied that this man has no claim on the United States, but request that a report be required from Capt. George A. Williams, First United States Infantry, as to his merits. I am, very respectfully, S. A. HURLBUT, Major-General Volunteers. The Treasury regulation in force at the date of the arrest of Kenofsky having relation to gold coin is as follows, viz: All transportation of coin or bullion to any State or section heretofore declared to be in insurrection is absolutely prohibited, except for military purposes, and under military orders, or under the special license of the President, and no payment of gold or silver or foreign bills of exchange shall be made for cotton or other merchandise within any such State or section. All cotton or other merchandise purchased in any such State or section to be paid for therein, directly or indirectly, in gold or silver or foreign bills of exchange shall be forfeited to the United States. (Reg. XXII, Trade Regulations, September 11, 1863.) This regulation was issued under and by virtue of the authority given to the Secretary of the Treasury by section 3 of the act of May 20, 1863. But the same act, in section 4, provides: That the proceedings for the penalties and forfeitures accruing under this act may be pursued, and the same may be mitigated or remitted by the Secretary of the Treasury in the modes prescribed by the eighth and ninth sections of the act of July 13, 1861, to which this act is supplementary. Section 9 of the act referred to declared: That proceedings on seizures for forfeitures under this act may be pursued in the courts of the United States in any district into which the property so seized may be taken and proceedings instituted; and such courts shall have and entertain as full jurisdiction over the same as if the seizure was made in that district. The following order was issued by the Secretary of War to the officers and soldiers of the Army in aid of the enforcement of the Treasury regulations: WAR DEPARTMENT, September 11, 1863. The attention of all officers and soldiers of the Army of the United States, whether volunteer or regular, is specially directed to the revised regulations of the Secretary of the Treasury, approved by the President, dated September 11, 1863, and they will in all respects observe General Order of this Department No. 88. and dated March 31, 1863, in regard to said revised regulations, as if the same had been originally framed and promulgated with reference to them. EDWIN M. STANTON, General Order 88, here referred to, provided, among other things, that- All other property abandoned or captured or seized as aforesaid shall be delivered to the agent appointed by the Secretary of the Treasury. Kenofsky's gold came within this provision, and the disposition made of it was contrary to both the law and the Treasury regulations. The claimant was diligent in pursuing his remedy. He commenced in May, 1865, and followed it in all the ways open to him until the date of his death, which occurred in the city of New Orleans, September 29, 1880. After his death his widow presented her petition to Congress for relief. She died on or about February 7, 1881, leaving seven children in destitution. The lawfully appointed tutor of the children and many citizens of New Orleans then petitioned on behalf of the orphans (who, it is represented, were, at the date of the said petition now before your committee, being supported by the Widows and Orphans' Home of said city) for relief and the repayment to the estate of Kenofsky of the money taken from him as hereinbefore stated. The United States seems to have received the use and benefit of said money, but not through the methods provided by law. It therefore seems to your committee just that the amount for which said gold was sold, to wit, the sum of $8,861, should be paid to the legal representatives of the said Martin Kenofsky, and to that end report herewith a bill with a recommendation that it do pass. March 12, 1884. [Senate Report No. 310.] Mr. Sherman, from the Committee on Foreign Relations, submitted the following report: The committee, having considered S. Res. 46, being a "Joint resolution relative to an accepted draft in the Department of State," referred to them by the Senate January 23, 1884, beg leave to report as follows: The draft referred to bears date "New York, August 19, 1859," and was drawn by Santiago Vidaurri, governor of Nuevo Leon and Coahuila, by Ignacio Galindo, upon J. M. Mata, minister from Mexico to the United States, to the order of J. M. Mata, and made payable at the Bank of Republic, New York, in the sum of $8,950, with interest at the rate of 6 per cent per annum, one year after date of said draft, and was duly accepted by the said J. M. Mata, and indorsed by him in blank. It bears subsequent indorsements as follows: "Pay Messrs. Howland & Aspinwall, or order, W. H. Callender;" "Pay Messrs. T. B. Tecker & Co., or order, Howland & Aspinwall, without recourse;" "Pay to Messrs. Howland & Aspinwall, without recourse, T. B. Tecker & Co;" "without recourse to Howland & Aspinwall." It appears from the evidence submitted to the committee by the Department of State that this draft was given in part payment for arms purchased by the Republic of Mexico through Señor J. M. Mata, its minister; that the arms for which this draft was given in payment were delivered on the 19th of August, 1859, the date of the draft under consideration; that the purchases referred to were evidenced by four drafts for various amounts, drawn and accepted by the individuals named in this case, and in the general form herein set forth, and that payment on the same having been refused on presentation, they were duly protested, and subsequently filed with the United States and Mexican Claims Commission under convention of July 4, 1868, for adjudication by that body; that in due course the same were referred to the umpire, Sir Edward Thornton, who decided that the claims thus evidenced were not properly within the jurisdiction and purview of the said commission, and should not be considered by the same, and that the four drafts were thereupon turned over to the custody of the Department of State by the said commission; that during the first session of the Forty-sixth Congress the Secretary of State was directed, by the terms of public resolution No. 15, " to deliver to the person justly entitled to the possession thereof" three of the said drafts, leaving this draft, now under consideration, in the custody of the Department of State. The committee, therefore, in consideration of the foregoing facts, and that the joint resolution provides that the Secretary of State shall retain a copy of said draft with all indorsements and protests thereon, beg to recommend that the Senate agree to the said joint resolution as amended by the committee, such amendments being necessary to an accurate description of the said draft. April 24, 1884. [Senate Report No. 494.] Mr. Miller, of California, from the Committee on Foreign Relations, submitted the following report: The Committee on Foreign Relations, to which was referred the |