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which the peso or dollar was worth only 80 cents for each real dollar 'drawn for. The amount of his drafts, from October, 1854, to October 1856, was $14,706, and consequently the loss incurred by him was $2,941.20.

These statements are fully supported by the testimony filed with the memorial, and may be summed up thus:

1. Reimbursement for amount expended in the maintenance and protection of distressed American citizens crossing the Isthmus

2. Amount of expenses incurred while taking testimony at San Juan del Norte

3. Value of property destroyed at Granada 4. Loss in exchanges..

$500.00

273.98 2,000.00

2,941.20

5,715. 18

The first item was embraced in a memorial presented to the Senate at the last session of Congress, referred to this committee, fully examined, and a bill for the relief of the claimant to the amount claimed reported by them. That bill, for want of time, failed to be acted upon by the Senate. Upon a reexamination the committee fully concur in the views presented in that report, and, therefore readopt the same as part of this report.

The other items above mentioned were not embraced in that memorial for the reason, as stated by the memorialist, "that at the time that memorial was presented, in 1857, his accounts were in progress of settlement before the Treasury Department, and it was not until October, 1857, that they were finally closed;" and further, that he was not apprised of the value of his property destroyed at Granada in time for the last session of Congress.

As to the second item above presented, there can be no doubt that a public functionary charged with the performance of extra duties not pertaining to his office, and necessarily involving additional expenses, should be reimbursed to the amount of his expenses thus necessarily incurred.

Upon a similar principle, the third item should also be allowed; for it is obviously the duty of government to protect its public officers engaged in its service in the full and unrestrained enjoyment of all their personal and property rights while so engaged, and on failure to do so, to make good any losses he may have sustained.

With regard to the fourth and last item, the loss on exchange, in the opinion of the committee it would seem to be the duty of the Government, in paying the salaries of its public agents, whether domestic or foreign, so to do it as to make such payment available to the officer to the amount of such salary at the place where he is stationed. It has been usual heretofore to observe this rule, and it would be manifestly unjust to Mr. Wheeler to depart from it in this instance.

The committee report a bill in accordance with the views above presented and recommend its passage. They also report herewith the testimony by which the various items claimed are supported.

A.

REPUBLIC OF NICARAGUA,
Granada, December 24, 1855.

I do hereby certify that I was a passenger on board the steamer Uncle Sam, from San Francisco to New York: that on the 19th of October last we were unprovokedly fired upon while at Virgin Bay by the forces of the then Government of Nicaragua; that many were killed, many wounded, and all much alarmed. By

unanimous consent we prevailed upon the agent of the Accessory Transit Company to take us to Granada, where we placed ourselves under the care of the American minister, Colonel Wheeler, who received us as brothers, procured comfortable quarters, and supplied us two days and nights with every necessary. There were 250 of us; 2 died and were buried by the care of Colonel Wheeler, and 2 left in hospital, and 1, a sailor, at his house, by whom he was fed. He also furnished clothes to those who had been robbed at Virgin Bay.

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I, Jos. N. Scott, do hereby depose that for some years I have been and still am the general agent of the Accessory Transit Company on this isthmus; that on the 19th of October last the passengers on said route were unprovokedly fired upon by a strong force of the army of Nicaragua at Virgin Bay, by which some were instantly killed, many wounded, and all much alarmed. The same party held a strong force at San Carlos, and had already fired on the company's steamer and prevented her passing, by which a lady and child were instantly killed and another wounded.

There seemed to be no escape for the unfortunate, unarmed passengers, as both points of the route were occupied by a strong force. They unanimously entreated me to take them to Granada, the residence of the American minister, Col. John H. Wheeler, as it was impossible, from the number of passengers and being out of provisions, for me to keep them any longer.

When we reached Granada the cholera broke out, and one (Nicholas Carrol, esq., of California) died while in the harbor, and many were sick. I sent for the minister, and he came on board the steamer and informed the passengers that as American citizens they should have every comfort as well as protection. He supplied them (in number two hundred and fifty) with comfortable quarters, and supplied them with food for two days and nights. Two died and were buried at Granada, and three were left, unable to move for wounds-one in Colonel Wheeler's house. He freely gave his time, money, house, and clothes to his suffering countrymen, as some of them were robbed of everything by the enemy at Virgin Bay.

JOSEPH N. SCOTT, Agent.

Sworn and subscribed to before me this 13th December, 1855.

No. 19.]

JNO. H. WHEELER.

C.
[Duplicate.]

DEPARTMENT OF STATE,

Washington, February 5, 1856.

SIR: Your dispatches to No. 39, inclusive, are received. In relation to the expense which you allege in your No. 34 you have incurred in the support of a large number of American citizens in distress who placed themselves under your protection, I have to inform you that this Department has no fund from which it is authorized to reimburse such expenditures. Although inconvenience and hardship may be the result of this inability to replace the funds which our diplomatic representatives often advance out of their private means for the relief of their distressed fellow-citizens in foreign countries, the Department has no mode of relief at command, and can only suggest an application to Congress for such aid as the circumstances warrant.

I am, sir, your obedient servant,

JOHN H. WHEELER, Esq., etc.

W. L. MARCY.

E.

No. 4.]

DEPARTMENT OF STATE,

Washington, October 23, 1853.

SIR: Mr. J. W. Fabens, late United States commercial agent at San Juan de Nicaragua. is about to proceed to that place to collect information and take testimony in relation to the conduct of the persons who assumed political control over it, and to the claims which it is understood some of that community intend to present through other governments to the United States for property destroyed at the late bombardment by Captain Hollins of the United States Navy. You are directed, while on your way to the seat of the Nicaraguan Government, to stop at San Juan and aid Mr. Fabens in performing the duties assigned to him. These duties are particularly designated in his instructions. If there should be no local magistrate before whom depositions can be taken, you are requested to authenticate them in your character as minister of the United States. I am, sir, respectfully, your obedient servant,

JOHN H. WHEELER, Esq., etc.

W. L. MARCY.

F.

REPUBLIC OF NICARAGUA,
Granada, November 13, 1855.

I do hereby state that according to the orders of the State Department at Washington, of the 10th of October, 1854, I repaired in December, 1844, to Greytown, or San Juan del Norte, to take testimony of various persons as regards the claimants and amount of property destroyed by Captain Hollins, of the U. S. S. Cyane, as will more fully appear by reference to said orders; that the minister of the United States, Col. John H. Wheeler, while on his way to the seat of the Nicaraguan Government, stopped at San Juan and afforded me all and every aid I required in performing the duties assigned to me; that he remained with this sole intent at that place for more than two months, at which time and place living was very high and provisions very scarce.

J. W. FABENS.

[Duplicate.]
G.

No. 32.]

DEPARTMENT OF STATE, Washington, September 27, 1856.

SIR: The President deems it proper that you should return to the United States, and by his direction I hereby notify you of his determination. You will, therefore, without delay, after receiving this communication, return home, and on reaching the United States you will apprise this Department of that fact.

I am, sir, your, obedient servant,

JOHN H. WHEELER, Esq., etc.

W. L. MARCY.

H.

The undersigned, a native and citizen of North Carolina, states that he emigrated from New Orleans on 11th January, 1856, with an intention of settling in Nicaragua-his profession being that of a planter-and pursuing the cultivation of cotton, sugar, tobacco, etc. He paid out his money for his passage and expenses, and was no way connected with any expedition or force on leaving the United States, and on his arrival in Nicaragua he studiously avoided taking any part in the conflicts which then disturbed the country.

From this cause, after some delay, it was found impracticable to carry out his intention to cultivate the soil, and becoming straightened for funds he was compelled to earn his support by taking employment as a steward in the hospital, under charge of the surgeon-general. The army was pressed for men and he was repeatedly urged to join the force under command of General Walker. This he

utterly refused. On Dr. Ingraham, the surgeon-general, threatening him and ordering that he report himself to the commanding officer at New Granada, he was much perplexed and distressed. In his dilemma he applied to the American minister, then a resident at Granada, for protection in the premises, which was efficiently and promptly afforded, much to the dissatisfaction of the surgeongeneral, who sought every mode of annoyance to me, so much that I had to go to the house of the American legation, where I remained during my stay in Nicaragua. This is only one of many instances of my own knowledge of the efficient and decided action of Colonel Wheeler in behalf of his fellow citizens. On another occasion, to the knowledge of myself and many others, two young men from Wilmington, Del., had enlisted, whose passages had been paid and expenses from New York to Nicaragua, applied for his aid through their friends. He procured their discharge and sent them to their friends and parents.

On the attack of the allied forces of Guatemala, San Salvador, and Honduras, on the city of Granada, on the 12th October, 1856, the plunder, burning of houses, and murder of all Americans was proclaimed. Many fell victims, among them two preachers of the gospel, a young child of Mr. Smith, of New York; Mr. Lawless, a merchant, and others. The legation house, over which the American flag waved, where the wives of Americans had fled for safety, was assaulted. The house being strongly barricaded resisted the attack, while a severe, active, and destructive fire from a few of the Nicaraguan army was very fatal to the assailants. Had they succeeded in effecting an entrance no age, sex, or condition could have escaped. The door was perforated with balls and the flag riddled by their shots. Colonel Wheeler, though prostrated by sickness, was enabled to preserve quiet among his numerous guests, and discountenanced every offensive effort except in self-preservation. On his leaving Granada his house was destroyed; all his furniture, stores, and library were burnt up, entailing a loss of more than $2,000 to the knowledge of this affiant.

The health of Colonel Wheeler, by the diseases of this climate and exposure of his position, completely failed, and I was compelled to accompany him home, as he was unable to help himself, and on reaching the United States in November, 1856, his life was only preserved by the skill of physicians and the most assiduous attention.'

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This day came before me Redmond Darden, well known to me, and made oath that the foregoing was true to the best of his knowledge and belief.

MOSES KELLY, J. P.

WASHINGTON CITY, January 15, 1857. This certifies that I am well acquainted with R. J. Darden, the affiant to the foregoing statement, and believe him to be a man of veracity and honor.

RECORDER'S OFFICE OF GENERAL LAND Office,

JN. GRANGER, Recorder.

INTERIOR DEPARTMENT, Washington City, January 16, 1858.

I.

CITY OF PHILADELPHIA, PA., January 18, 1858.

The undersigned, long a practitioner of medicine in Philadelphia, and at present one of the professors in the Jefferson Medical College, would state that in the months of December, 1856, and January, 1857, I attended at the Ashland House in this city, Col. John H. Wheeler, then recently returned from Nicaragua, as United States minister to that country.

His case was one of complication of disease, brought on by a residence in a tropical climate, and attended by a complete prostration of the nervous system, the consequence of exposure and excitement; the case was one of danger, and demanded all my care and skill. The disease finally concentrating in his right hand he was forced to submit to the severe operation of amputation of one of the fingers of that hand, which I performed on the 18th January, 1857.

I have no hesitation in saying that his disease was consequent to his residence in Nicaragua; his suffering was very acute and dangerous, and his recovery, for a time, very precarious and protracted.

JOSEPH PANCOAST, M. D.

1

JOHN H. WHEELER.

Letter from the Secretary of State, report from the Fifth Auditor, and other testimony, relating to the memorial of John H. Wheeler, late minister to Nicaragua.

DEPARTMENT OF STATE,

Washington, May 7, 1858.

SIR: I have the honor to acknowledge the receipt of your letter of the 27th ultimo, submitting, in behalf of the Committee on Foreign Affairs, the memorial and accompanying documents of John H. Wheeler, esq., late minister to Nicaragua, praying reimbursements for losses sustained and expenses incurred in the service of the Government.

In relation to that part of Mr. Wheeler's memorial which refers to his protection and support of a large number of his countrymen, who were necessarily thrown upon his hospitality in consequence of the attack made upon them at Virgin Bay, whilst in transit from California to New York, I have to reply that Mr. Wheeler reported these facts at the time of their occurrence to the Department, as you will perceive by referring to Executive Document No. 68, first session Thirty-fourth Congress, Senate, pp. 32, 33. No estimate of the expense which the care of 250 destitute persons imposed upon the minister has been submitted to the Department. Under the peculiar circumstances of the country the amount must have been very considerable. It was not within the power of this office, however highly it might appreciate the humanity and hospitality extended by the minister to his distressed and destitute countrymen, to reimburse the outlay involved thereby. He was therefore referred to Congress, in the anticipation that no difficulty would be experienced in obtaining an appropriation for that object.

In regard to the second item referred to in Mr. Wheeler's memorial, which embraces expenses incurred in taking testimony at San Juan del Norte, in relation to the alleged losses of persons by the bombardment of that place, I have to communicate the copy of a dispatch from my predecessor to Mr. Wheeler, containing his views upon that subject. It is dated 5th December, 1855.

It is just to add, upon this point, that the information derived from the investigations of Messrs. Wheeler and Fabens has been of much value to the Government in disclosing the exaggerated and fraudulent nature of many of the claims for indemnification presented by the inhabitants and other alleged sufferers from the bombardment of Greytown.

As the destruction of his furniture and effects, which forms another item of Mr. Wheeler's claim, occurred after his return from Nicaragua, and as there was not at the time any agent of the United States in Granada, the Department has no official information respecting the nature and extent of those losses other than that When Mr. Wheeler left contained in his memorial and accompanying papers. Granada, he did so under circumstances which warranted him in supposing that his withdrawal was not necessarily permanent. It is presumed that, under such an impression, all of the effects of his domestic establishment were left behind. The last item claimed by Mr. Wheeler, viz, loss by exchange, will be referred to in a separate communication accompanying this.

Returning the memorial and documents, I have the honor to be, sir, your obedient servant,

Hon. D. E. SICKLES,

Committee on Foreign Affairs, House of Representatives.

LEWIS CASS.

DEPARTMENT OF STATE,
Washington, May 13, 1858.

SIR: In reply to that part of your letter of the 27th ultimo, respecting loss by exchange on the sale of the drafts of Mr. Wheeler, late minister resident to Nicaragua, I have to inform you that I caused inquiry to be made of the Comptroller of the Treasury, and beg leave to inclose a copy of his reply.

I have the honor to be, sir, your obedient servant,

Hon. D. E. SICKLES,

LEWIS CASS.

Of the Committee on Foreign Relations, House of Representatives.

TREASURY DEPARTMENT, Comptroller's Office, May 11, 1858. SIR: I have the honor to acknowledge the reference to this office of letter of Hon. D. E. Sickles to the State Department, dated April 27, 1858, with accompanying memorial of John H. Wheeler, late minister to Nicaragua, in which he

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