the East Indies, as consul of the United States, returned home in the year 1849 and tendered a resignation of his office on the ground that its emoluments were not adequate to the expenses it involved.

While thus in communication with the Department of State, it was determined by the President to send a special agent to the East Indies and to various parts of southern Asia for purposes fully set forth in a letter from the Secretary of State to Mr. Balestier, dated August 16, 1849, accompanying the petition, and the latter gentleman was selected for that service.

The peculiar qualifications of Mr. Balestier for these duties, resulting from an intimate acquaintance with the countries he was to visit and the fidelity and ability with which he had served the Government while consul at Singapore, are fully admitted in the correspondence of the Department, and it would appear that Mr. Balestier was induced to accept this new service upon a representation that it would be recommended to Congress to place the consulate at Singapore on such footing in regard to salary as would enable him to remain there as consul when his special mission should be ended.

By his letter of appointment, above referred to, Mr. Balestier was to be paid at the rate of $4,500 per annum while so employed, and in addition his "traveling and other necessary expenses" were to be allowed him.

While on this special mission the agent was to be conveyed to the various points indicated in his letter of instructions in some of the public vessels in those seas.

It appears, further, from the correspondence of the Department that after concluding a convention of "friendship and trade" with the Sultan of Borneo, Mr. Balestier was landed in China from the Plymouth, under an arrangement with Commodore Voorhees that after replenishing his supplies he would again put to sea with him with a view to the completion of his mission, but before being ready to do so that ship was unexpectedly recalled home.

By letter of May 16, 1850, Mr. Balestier was informed by the Department of State (the Plymouth having returned home) that the steamer Jamestown would be ordered to receive him on board and to proceed with him to the completion of his mission; and while waiting at Batavia her arrival he received a letter from the Department terminating his mission, and informing him that his salary would cease after a reasonable time (fixed by the letter at little more than sixty days) allowed for the dispatch to reach him.

Thus his salary was made to cease on the 20th April, 1851, and he claims that it should be paid him from that date until his arrival in the United States, together with his traveling expenses home.

It appears to the committee that although at the time of Mr. Balestier's departure on this special mission it was intended that at its close he should remain at Singapore and resume his duties as consul, yet that such intention was based upon the expectation on both sides that the consulate would in the meantime be made a salaried office. Such not being done, he returned home as speedily as circumstances would admit.

The committee are satisfied that all the duties required of the agent were discharged by him with zeal and fidelity and entirely to the satisfaction of the Government, and they recommend, therefore, that he be allowed the continuance of his salary as claimed, and his traveling expenses back to the United States, and report a bill accordingly.

THIRTY-THIRD CONGRESS, FIRST SESSION.

February 14, 1854.

[Senate Report No. 105.]

Mr. Slidell made the following report:

The Committee on Foreign Relations, to whom was referred the petition of Harriett D. P. Baker, widow, and the children of John M. Baker, late consul at Rio de Janeiro, praying compensation for diplomatic services alleged to have been performed by her said husband, from the 11th April, 1834, to the 16th February, 1835, having had the same under consideration, respectfully submit the following report: It appears from a letter of the Secretary of State, dated February 8, 1854, that Mr. Brown, late chargé d'affaires of the United States at Rio de Janeiro, upon the eve of his return to the United States, 8th April, 1834, under instructions from the Department of State, placed the property of the legation in the care of Mr. Baker, then consul of the United States at that port, at the same time stating to him "that he must not consider himself authorized to enter into diplomatic correspondence with the Government of Brazil or expect compensation as a diplomatic agent." "That no correspondence of a diplomatic character ever passed between the Department of State and Mr. Baker, or between him and the Brazilian Government, during the interval between the departure of Mr. Brown and the arrival of his successor Mr. Hunter." And further, that on the 31st May, 1838, the sum of $265.54 was paid by the Department to C. J. Nourse, assignee of J. Martin Baker, on account of the safe-keeping and removal of the books, archives, and furniture of the legation during the abovementioned period.

Under these circumstances your committee can not perceive any just claim against the Government on the part of the petitioners, and therefore recommend that it be rejected.

February 14, 1854.

[Senate Report No. 106.]

Mr. Slidell made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of E. Ritchie Dorr, late United States consul at Buenos Ayres, praying compensation for diplomatic services alleged to have been performed by him from the 27th November, 1834, to the 31st August, 1838, having had the same under consideration, respectfully submit the following report:

It appears from the correspondence between Mr. Dorr and the Department of State that shortly after his appointment and during the continuance of his consulate at Buenos Ayres he was not only not authorized to perform any diplomatic functions, but expressly instructed to abstain from so doing. That for "diplomatic interference," in disregard of those instructions, "the President considered his conduct so exceedingly improper as to render it necessary for him to mark his displeasure by appointing a new consul at that port." And further, that while performing the duties of consul he was not the keeper of the archives of the United States legation to the Argentine Confederation, they having been previously brought home by Mr. Bayliss, late chargé d'affaires of the United States to that Government when the legation was broken up.

Under these circumstances your committee can not perceive any principle, either of justice or sound policy, which would authorize the allowance of this claim, and therefore recommend that it be rejected.

[See p. 644.]

March 2, 1854.

[Senate Report No. 144.]

Mr. Weller submitted the following report:

The Committee on Foreign Relations, to whom was referred the petition of the legal representatives of William A. Slacum, deceased, having had the same under consideration, report:

That, concurring in the report made from the Committee on Foreign Relations upon the same subject on the 3d of March, 1846, and reaffirmed on the 18th of February, 1850, they adopt the same, and report a bill in conformity therewith.

[See Senate Report 186, Twenty-ninth Congress, first session, p. 638.]

[See pp. 698, 764.]

March 2, 1854.

[Senate Report No. 146.]

Mr. Weller made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of Frances Ann McCauley, having had the same under consideration, report:

That at the last session of Congress this case was referred to the Committee on Foreign Relations, and, after full consideration of its merits, upon their recommendation an item was inserted in the "act making appropriation for the civil and diplomatic expenses of government for the year ending 30th June, 1854," which provides "that in settling the accounts of Daniel S. McCauley, late consul-general at Alexandria, Egypt, there shall be allowed, for office rent, at the rate of $400 per annum during the time he acted in that capacity, to be paid to his widow."

The compensation thus provided for, amounting, as stated in the memorial, to $1,600, was designed and intended as a full and final settlement of the claim, and upon a careful review of the case the committee see no reason to dissent from the opinion then entertained and acted upon, and therefore ask to be discharged from its further consideration.

March 16, 1854.

[Senate Report No. 172.]

Mr. Everett made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of John Bozman Kerr, late chargé d'affaires to the Republic of Nicaragua, have had the same under consideration and submit the following report:

The memorialist represents that on the 12th of March, 1851, he was commissioned as chargé d'affaires to the Republic of Nicaragua, and that he was further instructed by the President, under two other commissions bearing date the 24th of May of the same year, to go to the seat of the governments of San Salvador and Guatemala for the purpose of exchanging the ratifications of the treaties which had been negotiated with those States. Having repaired to Leon de Nicaragua, the capital of that Republic, he left his family there to execute his instructions at San Salvador and Guatemala, to the Governments of which, for the purpose just named, he was also specially accredited. The performance of this duty required a journey of 1,500 miles under circumstances of great hardship, privation, and danger, owing to the want of roads and other facilities for traveling and the disturbed state of the country.

In addition to these official duties Mr. Kerr was accredited by a separate commission to the "national representation of Central America," a species of confederation which sprung up in 1851 and which, owing to the unsettled and revolutionary character of the times, called upon him for the performance of arduous and delicate duties. The committee have reason to think that at considerable personal risk and under circumstances of an embarrassing nature it was the good fortune of Mr. Kerr, while he maintained the honor of his own Government and protected the interests of his countrymen in Central America, to mitigate on more than one occasion, by friendly interposition, the horrors of civil war.

It may be proper to take into consideration that at the time when Mr. Kerr was appointed as chargé d'affaires to Nicaragua the establishment of a full mission to Central America had been recommended by the Department of State to Congress, and it was intimated to Mr. Kerr that if that mission prevailed he would probably be nominated by the President as envoy extraordinary and minister plenipotentiary. It appears from the foregoing sketch of his duties, under the several commissions successively received by him, that he was accredited to nearly all the Central American States, and, in point of fact, he transacted business with the Governments of all of them.

Mr. Kerr has hitherto been compensated only as chargé d'affaires to Nicaragua. The accounting officers of the Treasury, it is understood, are authorized to allow his expenses on the journey to San Salvador and Guatemala, but not including the expenses while residing at those capitals.

The committee are of opinion, under the circumstances of the case, that precedent and equity warrant a more liberal principle of compensation. Considering that he was obliged to leave his family at Leon while absent himself on the arduous journey to the capitals of San Salvador and Guatemala, the committee think him entitled to the expenses of the journey and of his residence in those cities; while his commission to "the national representation of Central America" entitles him to a full outfit to that Government. Several similar cases are found in our diplomatic history, of which that of Mr. Donelson is the most recent and most closely analogous. This gentleman, being minister plenipotentiary at Berlin, was commissioned in the same character to the Central Germanic Government at Frankfort and under that commission allowed a full outfit.

The committee, accordingly, report a bill allowing to Mr. Kerr his expenses as above stated and a full outfit as chargé d'affaires to “the national representation of Central America."

To the honorable the Senate and House of Representatives of the United States in Congress assembled:

The undersigned, a citizen of Maryland, begs leave most respectfully to represent: That on the 12th day of March, 1851, he was commissioned by His Excellency the President of the United States as chargé d'affaires to the Republic of Nicaragua, and being so accredited, he was further required by the President, under two other distinct commissions of the treaty 4th day of May following, to go to the Republics of San Salvador and Guatemala. These journeys, from Leon de Nicaragua, where his family continued to reside, to and from the respective capitals of San Salvador and Guatemala (about 1,500 miles), were made amidst hazards and privations in Central America, unavoidable to the best guarded traveler; but the instructions of the Government were carried out.

Your memorialist also represents that, in view of an alleged control over the foreign relations of Honduras, San Salvador, and Nicaragua on the part of a body styled "the national representation of Central America," he had received a letter of credence thereto, bearing date the 20th day of November, 1851, and that under new relations, during factious tumults throughout the several States, he was called to delicate points of duty. The theater of negotiation was here changed and enlarged.

Entitled to remuneration commensurate with diplomatic services, apart from and beyond those to which his commission as chargé d'affaires to Nicaragua limited him, your memorialist asks such relief as may seem just and proper, in the nature of outfits, heretofore indicated, as the least objectionable mode of securing suitable recompense to a minister stationed in one republic and sent in like official character to others.

He begs leave to add that the subject-matter of this memorial has been withheld from final adjustment at the State Department, as, from the peculiar circumstances attending the claim, it could be settled only by Congress. All of which is most respectfully submitted.

Easton, Md., December 20, 1853.

JOHN BOZMAN KERR.

MILLARD FILLMORE, PRESIDENT OF THE UNITED STATES OF AMERICA.

To all persons whom these presents shall concern, greeting:

Know ye, that, reposing special trust and confidence in the integrity and prudence of John B. Kerr, accredited as chargé d'affaires of the United States to the Republic of Nicaragua, I have authorized, and by these presents do authorize, and empower him to exchange with any person duly authorized on the part of the Government of the Republic of San Salvador my ratification for the ratification of the chief magistrate of that Republic of the general treaty of amity, navigation, and commerce between the United States and that Republic, signed in the city of Leon on the 2d day of January, in the year of our Lord 1850.

In testimony whereof I have caused the seal of the United States to be hereto [L. S.] affixed.

Given under my hand at the city of Washington, the 26th day of May, in the year of our Lord 1851, and in the seventy-fifth year of the Independence of the United States.

By the President:

MILLARD FILLMORE.

W. S. DERRICK, Acting Secretary of State.

MILLARD FILLMORE, PRESIDENT OF THE UNITED STATES OF AMERICA.

To all persons whom these presents shall concern, greeting:

Know ye, that, reposing special trust and confidence in the integrity and prudence of John B. Kerr, accredited as chargé d'affaires of the United States to the Republic of Nicaragua, I have authorized, and by these presents do authorize, and empower him to exchange with any person duly authorized on the part of the Government of the Republic of Guatemala my ratification for the ratification of the chief magistrate of that Republic of the general convention of peace, amity,