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That it appears from a letter from the Secretary of State, in answer to one of inquiry addressed to him by the Hon. Thomas H. Bayly, chairman of the Committee on Foreign Affairs of the House of Representatives, dated 9th February, 1854, that—

the correspondence of the legation at Buenos Ayres shows that, on the departure of Mr. Pendleton from his post on a special mission to the upper provinces of the Argentine confederation, Mr. Graham was officially announced to, and recognized by, the Government of Buenos Ayres, as chargé d'affaires during Mr. Pendleton's absence, and in that character corresponded with the Government and with this Department from the 3d August, 1852, until the 11th of the following month.

On the 25th November, 1852, Mr. Pendleton again left Buenos Ayres for the Republic of Paraguay, and was absent until the 26th of March following. During this interval Mr. Graham addressed dispatches to this Department in the character of chargé d'affaires; and, although there is no evidence on file to show that he was officially presented to the Government, it appears that he was recognized by it in that capacity.

In view of all the circumstances of this case, and the many similar ones in which the relief here asked for has been granted, the committee are of opinion that the petitioner is entitled to the same measure of compensation extended to others, and report a bill accordingly, with a recommendation that it pass.

[See p. 705.]

July 28, 1854.

[Senate Report No. 378.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of Ferdinand Coxe, late secretary of the United States legation at Rio de Janeiro, praying compensation for diplomatic services, have had the same under consideration, and now report:

That it appears, from a letter of the Secretary of State, dated 9th February, 1854, in answer to inquiries made by the Hon. Thomas H. Bayly, chairman of the Committee on Foreign Affairs of the House of Representatives, that from the 12th May to the 16th of August, 1853, during the absence of the minister, Mr. Schenck, on a special mission to Buenos Ayres, Mr. Cox was, by authority of the Department, charged with the duties of the legation, was recognized by the Brazilian Government as chargé d'affaires ad interim, and in that character rendered such services to the interests of the United States as entitled him, in the estimation of the Department, to suitable compensation.

The committee, believing that the claim for the compensation of a chargé d'affaires during the period he acted in that capacity by the authority of the Department of State is reasonable, report a bill in his favor, and recommend its passage.

August 3, 1854.

[Senate Report No. 387.1

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the petition of Betsey W. Eve, widow of Joseph Eve, praying to be allowed certain expenses incurred by her late husband while chargé d'affaires

to the late Republic of Texas, have had the same under consideration, and respectfully report:

That it appears from a letter of the Secretary of State that, owing to some error in the adjustment of his salary account, Mr. Eve was entitled to compensation for seven days not embraced therein; that, dying three days after presenting his letter of recall, his estate should be allowed his funeral expenses; and further, that if his wife or any member of his family were with him at the time of his death, that he would be entitled to one-quarter salary for return. It also appears that, upon the adjustment of his accounts at the Fifth Auditor's Office, there was a balance reported due from him of $531.99 on his account for salary, and there was an additional item of $206.50, which had been suspended in adjusting his contingent account for want of vouchers, which Mr. Eve promised to obtain and forward, but died before he was enabled to do so. The Secretary adds: "Mrs. Eve, having sought relief from Congress, can not now, it is believed, obtain an adjustment of her accounts unless Congress authorizes it."

It further appears from a certificate of Hon. J. Hamilton, filed with the papers, that Mrs. Eve was with her husband at the time of his death, and therefore, according to usage in such cases, his estate is entitled to one-quarter return salary.

The committee are of opinion that any just claim which the petitioner may have against the United States should not be prejudiced by the fact of her applying to Congress, and, believing that upon the proper adjustment of the accounts of her late husband the claim will be found to be just, they report a bill accordingly, and recommend its passage.

[See p. 655.] August 3, 1854.

[Senate Report No. 389.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of Charles D. Arfwedson, late United States consul at Stockholm, asking compensation for diplomatic services, have had the same under consideration, and report:

It appears from the journals of the first session of the Thirty-second Congress that the memorialist presented his application for the compensation of a chargé d'affaires at Stockholm, from the 24th July, 1849, to the 22d April, 1850, a period of eight months and twenty-nine days; that the memorial was referred to this committee, and upon their motion a provision was inserted in the general civil and diplomatic appropriation bill directing the payment to the memorialist of the sum of $1,681.25 in full for all such services for the period named, that sum being one-half of the salary of a chargé d'affaires for the same period.

The committee are aware that in cases of a full mission, where the duties of the legation have devolved upon the secretary, during the temporary absence of the minister, it has been usual to allow such secretary the salary of a chargé d'affaires, or one-half of the salary of the minister for the time thus acting. But they are not aware of any case in which the person merely temporarily in charge of a legation has for the time received the full salary of the head of a mission. S. Doc. 231, pt 3—43

The mission at Stockholm was but that of a chargé d'affaires, the full salary of which was $4,500 per annum. One-half of that salary has already been allowed to this memorialist for the time he acted as chargé d'affaires. To allow him the additional compensation now asked would be a departure from the previous practice in such cases, which the committee are not prepared to recommend. They therefore ask to be discharged from the further consideration of this claim.

[See p. 646.]

August 3, 1854.

[Senate Report No. 390.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of Joseph Balestier, late special agent of the United States in Asia, have had the same under consideration, and report:

That in March, 1852, Mr. Balestier presented a memorial to Congress, praying the allowance of certain expenses incurred by him in the performance of the duties of his said agency, previously rejected in the settlement of his accounts at the Department of State, and also for an extension of the time for the continuance of his salary. In that memorial no claim whatever was asserted for reimbursing the premium of exchange upon London now demanded. In the general civil and diplomatic appropriation act of that session full provision was made for all the claims then asserted.

If this claim were a just and proper one, it should have been presented in the first memorial, together with the others rejected at the Department, without some good reason for the delay in its assertion, which does not appear either in the memorial itself or the papers accompanying it. The committee are not disposed to reopen this case. Such a precedent might, and probably would, lead to great inconvenience, by holding out an inducement to claimants, under various pretexts, to continue to besiege Congress, from year to year, for additional allowances, even after all to which they were justly entitled had been previously granted. They therefore ask to be discharged from its further consideration.

August 3, 1854.

[Senate Report No. 391.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the memorial of H. Gold Rogers, late chargé d'affaires of the United States at Sardinia, have had the same under consideration, and respectfully report:

That it appears from a letter of the Secretary of State, dated July 18, 1854, and written in reply to inquiries made of him by the committee, that "the claims preferred in this memorial have been urged by Mr. Rogers for many years with singular pertinacity, and have been considered and decided by this Department and by the proper accounting officers of the Government again and again. They have

been definitely settled by the Fifth Auditor, and everything that could properly be allowed has been allowed and paid to him."

The committee find that the Committee on Foreign Affairs of the House of Representatives, during the first session of the Twenty-ninth Congress, made a report (No. 308) on this claim adverse to the prayer of the memorialist, to which the committee beg leave to refer and adopt as part of this report, and for the reasons therein set forth ask to be discharged from the further consideration of the subject.

[In the House of Representatives, February 18, 1846.]

The Committee on Foreign Affairs, to whom was referred the petition of H. Gold Rogers, have had the same under consideration, and ask leave to report:

That the memorialist was late chargé d'affaires to the court of Sardinia, and has preferred claims against the Government of the United States for the sum of $4,500 as outfit, and the further sum of $1,000 for the expenses of his journey from Turin to Genoa, relative to the commission and exequation of an American consul; and the further sum of $2,250 as infit, or to cover the expenses of his return from his station mission, and 8 per cent upon the amount.

The committee have examined a statement of the settlement of Mr. Rogers's accounts, by which it appears that he has been allowed and paid an infit as chargé d'affaires to Sardinia upon the expiration of his term of service. His claim to a separate outfit of a chargé d'affaires, for and in virtue of his journey to Genoa, is in violation of justice, reason, and usage, and ought not to be allowed. His claim for his expenses covers a number of extravagant and unreasonable items, which have no sanction from the usages of the Government. It has been twice examined and both times properly rejected by the Department.

The committee recommend the disallowance of the entire claim of Mr. Rogers.

August 3, 1854.

[Senate Report No. 392.]

Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was referred the petition of J. G. Schwarr, late consul of the United States at Vienna, praying compensation for diplomatic services, have had the same under consideration, and respectfully report:

The petitioner sets forth in his petition that from the departure of Mr. Stiles, United States chargé d'affaires at Vienna, on the 1st of August, 1849, to the arrival of General Webb, 10th of February, 1850, and from the departure of General Webb, on the 8th of May, 1850, to the arrival of Mr. McCurdy, his successor, on the 13th of March, 1851, embracing in all a period of sixteen months and a half, he had charge of the archives of the United States legation, and during that period transacted all the occurring diplomatic business of the legation.

It appears, however, from a letter of the Secretary of State dated July 25, 1854, in reply to one of inquiry by the committee, "that Mr. Schwarr was never called upon by this Department nor required to perform duties of a diplomatic nature, and that it does not appear from the files of the Department that he did perform any such duties. His functions were consular, and it was in a consular capacity alone that he corresponded with the Government of the United States;" and further, that the appointment of Mr. Schwarr was never confirmed by the Senate. The committee see no reason for making the compensation asked for in this case, and ask to be discharged from its further consideration.

THIRTY-THIRD CONGRESS, SECOND SESSION.

February 15, 1855.

[Senate Report No. 520.]

Mr. Mason made the following report:

The Committee on Foreign Relations, in compliance with the resolution of the Senate of December 27, 1854, instructing them "to inquire and report whether any, and what, compensation should be allowed to Commodore M. C. Perry for his diplomatic services in negotiating a treaty with the Empire of Japan," have had the subject under consideration, and now report:

From an examination of the correspondence relating to this negotiation, the committee are satisfied that the services rendered by Commodore Perry were of a highly important character in opening to the enterprising commerce of our country channels not only hitherto unexplored, but sedulously closed by the jealous and timid policy of an isolated and secluded race. And the correspondence shows, in the opinion of the committee, that the Government was fortunate in the selection of the officer to be sent on this distant and difficult mission. Former attempts made by other nations had shown that the great obstacle presented to negotiation was in the refusal of access to the Japanese Government, and it was necessary, therefore, that the mission should be attended by a large and imposing force.

A more complicated organization would have required a minister of highest rank, with the usual attendants, and a naval force sufficient to make his demand for communication with the Japanese authorities respected, and the committee readily concede that the important ends in view would have fully justified the expenditure necessary to such a mission. Yet the whole has been fully and successfully accomplished by the more simple form of confiding to the officer in command both military and diplomatic powers. The results are, that while heretofore not only was all commerce forbidden to our countrymen with the people of Japan, and they were not even permitted to land, but when thrown upon their coasts by shipwreck they were subjected to cruel and barbarous imprisonment, now the treaty provides as its first fruits that two ports shall be open to our commerce, with permission for an American consul to reside at one of them; that wood, water, provisions, and coal shall be furnished to our ships; that our shipwrecked mariners shall be carefully and hospitably treated and carried to the ports open to our trade; that there shall be permanent peace between the two countries; and that if hereafter any other or greater privileges shall be granted to any other nation, ours shall be at once equally admitted to their enjoyment.

The committee consider that these concessions will become of great value to the commerce of the country, and will insure the future safety of our countrymen who may be hereafter shipwrecked in those remote

seas.

In order to effect the high objects of his mission, it was necessary that Commodore Perry should visit twice, with his whole squadron, the islands of Japan. The usages and peculiarities of that people also required a liberal, and even ostentatious, display of hospitality by their (at first) unwelcome visitors, and, although funds were placed under his control by the Government which might with propriety have been used for such purposes, yet, with dignified and becoming

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