was most likely in proportion to the difficulties to be encountered. There is no allegation that he was not paid according to the contract, by the State of Connecticut. It is said in the petition," that the State once by resolution recognized the truth of the facts above set forth; and as far as her stinted resources would admit, she recognized the great value of the military services of the said Packwood, at the time of such pressing need. 3. The case does not come within any of the resolutions of Congress providing for payment to those who were in the military or naval service. And if this government were now to undertake to remunerate the descendants of all those who rendered valuable service during the revolutionary war, the treasury, overflowing as it is, would soon be empty. There is nothing which distinguishes this from numerous other claims, which have been refused, and your committee therefore recommend that the prayer of the petitioner be rejected. IN THE SENATE OF THE UNITED STATES. FEBRUARY 18, 1857.-Ordered to be printed. Mr. WADE made the following REPORT. [To accompany bill S. No. 606.] The Committee of Claims, to whom were referred the memorial of Alfred G. Benson, and the message of the President of the 29th of April, 1856, with accompanying documents, in response to the resolution of the Senate of February 24, 1856, have had the same under consideration, and submit the following report : On the 2d day of June, 1852, James C. Jewett addressed the following letter to Mr. Webster: "SIR Having recently returned from the Pacific, where, with other shipmasters of our country, I should have proceeded to the island of Lobos, adjacent to the coast of South America, for a cargo of guano, where it is to be found, had we possessed the information which I now take the liberty, being about to return, to ask from you, as the highest source from which I can obtain the same. "I am informed that no government has any rightful claim to these islands, they never having been enumerated amongst the possessions or dependencies of any of the South American States, in defining the extent of their possessions, nor have they been occupied in any way by any nation, being uninhabited; that the valuable deposits in which they abound may be as rightfully taken by a citizen of the United States as citizens or subjects of any country. Unwilling to violate any treaty the government of my own country may have entered into, or any provision of the law of nations, you will oblige me by informing me if, in common with the world, we have a right to take this article of commerce from thence; which information, I need hardly add, will greatly benefit the ships of our country employed in the trade of the Pacific. With sentiments of respect, I am your obedient servant, JAMES C. JEWETT, "NEW YORK, June 2, 1852." "Master of bark: Philomela. To this letter Mr. Webster replied, on the 5th of June, as follows: "DEPARTMENT OF STATE, "Washington, June 5, 1852. "SIR: I have to acknowledge the receipt of your letter of the 2d instant, inquiring whether citizens of the United States can take guano from the Lobos islands, which are situated near the coast of Peru, without infringing upon the rights of the citizens or subjects or government of any other nation? "In reply I have to inform you that, if those islands should be within the distance of a marine league from the continent, or, if being further than that distance, should have been discovered and occupied by Spain or by Peru, the Peruvian government would have a right to exclude therefrom the vessels and citizens of other nations, except upon such conditions as it may think proper to prescribe. There can be no doubt that the title of Peru to the Chincha islands, whence guano is now chiefly taken, is founded upon the basis of discovery and and occupancy. That article was taken from those islands and used as a manure by the Peruvians anterior to the conquest of Peru by Spain. It continued to be so taken and used throughout the Spanish dominion in that country, and this practice has been kept up to the present day. Although those islands are uninhabitable, the custom of resorting to them from the neighboring continent for the purpose of procuring guano may be said to have constituted such an occupancy of them as to give to the sovereign of the continent a right of dominion over them under the law of nations. "The department, however, is not aware that the Lobos islands were either discovered or occupied by Spain or Peru, or that the guano on them has ever been used for manure on the adjacent coast or elsewhere. It is certain that their distance from the continent is five or six times greater than is necessary to make them a dependency thereof, pursuant to public law. On the other hand, it is quite probable that Benjamin Morell, jr., who, as master of the schooner Wasp, of New York, visited those islands in September, 1823, may justly claim to have been their discoverer. He gives a full account of them in his narrative, published at New York in 1832. Under these circumstances, it may be considered the duty of this government to protect citizens of the United States who may visit the Lobos islands for the purpose of obtaining guano. This duty will be the more apparent, when it is considered that the consumers of Chincha island guano in this country might probably obtain it for half the price they now pay, were it not for the charges of the Peruvian goverament. I shall consequently communicate a copy of this letter to the Secretary of the Navy, and suggest that a vessel-of-war be ordered to repair to the Lobos islands, for the purpose of protecting from molestation any of our citizens who may wish to take guano from them. "I am, sir, very respectfully, your obedient servant, "DAN. WEBSTER." A copy of Mr. Webster's letter of June 5, 1852, has been exhibited to the committee, with the following endorsement upon it, in the handwriting of the late Hon. John M. Clayton : "March 9, 1855 -This day called at the State Department and saw the original draft of this letter, endorsed Approved June 5, M. F.' Clerk said the draft had been carried by Mr. W. to Marshfield, and after his death had been returned to the department by his executors. "JOHN M. CLAYTON." The committee are well assured that a draft of Mr. Webster's letter, endorsed as before stated, in the handwriting of President Fillmore, is on the files of the State Department. It will appear from the following letters, that orders were given by the Secretary of the Navy, in conformity with the suggestion of Mr. Webster, and that notice was given to merchants in various parts of the country of the intention of the Executive to protect American ships in taking guano from Lobos islands. "UNITED STATES NAVY DEPARTMENT, June 16, 1852. "SIR: The department transmits herewith a copy of a communication from the Department of State, with accompanying papers relative to the rights of citizens of the United States to take guano from the Lobos islands, and instructs you to send one of the vessels of your squadron to the Lobos islands for the protection of our citizens and commerce. "To Commodore F. S. MCCAULEY, "WILLIAM A. GRAHAM. "Commanding U. S. squadron, Pacific ocean." "NAVY DEPARTMENT, June 16, 1852. "GENTLEMEN: In reply to the inquiries contained in your letter of the 14th instant, relative to the Lobos islands, you are informed that instructions will be sent to Commodore McCauley, commanding the United States squadron in the Pacific ocean, by the first mail steamer, to afford protection to our citizens resorting to those islands to procure guano. 66 The latitude of the Lobos islands is stated to be nearly in 6° 59′ S., and longitude 80° 42′ W.; variation 8° 45' easterly. "I am, very respectfully, your obedient servant, "WILLIAM A. GRAHAM. "Messrs. MAGOUN & SON, Boston." "DEPARTMENT OF STATE, "Washington, July 10, 1852. “GENTLEMEN: I have to acknowledge the receipt of your letter of the 7th instant, inquiring whether it would be safe for you to order a ship of yours, now on the west coast of America, to the Lobos islands for the purpose of taking in a cargo of guano. In reply, I have to inform you, that it is understood the Navy Department has ordered a vessel-of-war to those islands for the purpose of protecting such vessels of the United States as may wish to load with guano there. "I am, gentlemen, very respectfully, your obedient servant, "DANIEL WEBSTER. "To Messrs. MAGOUN & SON, Boston." "NAVY DEPARTMENT, August 22, 1852. "SIR: In reply to the letter of Mr. A. M. Frink, addressed to you on the subject of the Lobos islands, you are informed that instructions have been given to Commodore McCauley, commanding the Pacific squadron, to afford protection to our citizens who may resort to those islands to procure guano. "I am, sir, your obedient servant, "Hon. C. F. CLEVELAND." "WILLIAM A. GRAHAM. "WASHINGTON, July 7, 1852. "DEAR SIR: Having seen stated in the public journals that a portion of the Pacific fleet had been ordered to the Lobos islands to protect the interests of American ships loading guano there, yet not having seen any official announcement of the above, we take the liberty to ask you if such is the fact; and if the American vessels loading guano at the Lobos islands will be protected by our fleet at all hazards? If you feel at liberty to answer this question, an early reply will much oblige "Your most obedient servants, "Hon. Wм. A. GRAHAM, "DANA & CO. "NAVY DEPARTMENT, July 9, 1852. "GENTLEMEN: In reply to yours of the 7th instant, you are informed that instructions have been given by the department to Commodore McCauley to protect our citizens resorting to the Lobos islands to pro cure guano. 'Very respectfully, your obedient servant, "Messrs. DANA & Co., Boston." In consequence of these assurances of protection, which, considering the ample naval power of the United States, were equivalent to assurances of entire safety, Magoun & Son and Dana & Co. dispatched one |