TACNA, May 24, 1821.

E. SMITH.

No. 90.]

Mr. Pollard to the Secretary of State.-Extract.

SANTIAGO DE CHILE, March 18, 1841.

SIR: I received to-day your despatch No. 21. Nos. 19 and 20 have not yet reached me.

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I did not make an immediate communication to the Chilian government of the second claim in the case of the Macedonian. I waited to conclude the two cases of the whale ships before I opened this new subject to them. But the revolutions in the cabinet, the head of the department of foreign relations underwent so many changes within the last few months, and the constant and exclusive attention of the entire government to the election of the new president, prevented any conclusion upon those cases within the time I had hoped to effect it. Mr. Tocornal quarrelled with the president and left the ministry. Montt was then the only minister in the administration for some considerable space of time. The latter part of March, José Miguel Yrarrazaval was appointed to the department of foreign relations, who resigned after holding the office about three weeks. The department was then without a head until the present minister was appointed to it, on the 19th May. On that same day I made my communication to him, demanding of the Chilian government reparation in the second case of the Macedonian. A copy of the same you have herewith, marked A. On the 27th May the minister acknowledged the receipt of my note, with a promise to answer it with all possible promptitude. A copy of this, with the translation, you have, marked B.

A.

Mr. l'ollard to the Minister of Foreign Relations of Chile.

SANTIAGO DE CHILE, May 19, 1841.

The undersigned informs the minister of foreign relations for the republic of Chile that he has recently been instructed by his government to prefer a claim against that of Chile, the documents and proofs relating to which came lately to his hands. It is this:

After Captain Smith, master of the American brig Macedonian, had his money taken from him by Lord Cochrane in the year 1819, for which reclamation was made on the part of the government of the United States, and which has been adjusted by the executive of Chile

with the undersigned, Captain Smith continued to employ for some time the said brig in trade upon the Pacific coast, and finally proceeded to China. At Canton, in China, the said American brig Macedonian, Captain Smith, had shipped on board of her goods to the amount of between fifty and sixty thousand dollars by the American house of Perkins & Co., which were shipped under the care of said Smith, on account and risk of said American house, on a trading voyage to South America. Early in the year 1821 the Macedonian arrived at Arica, where, and at Tacna, Captain Smith sold a part of the cargo, for which he received the sum of seventy thousand four hundred dollars and one real, consisting of sixty thousand dollars in coined silver, and ten thousand four hundred dollars and one real in plata piña; with this sum and the remaining goods of the cargo he was proceeding to Arequipa for the purpose of making further sales, when, on the 9th day of May, in the said year 1821, about three o'clock in the morning, he was overtaken and arrested in the valley Sitana by a party of armed soldiers in the service of the republic of Chile, under the command of one Don Lorenzo Balderrama, who demanded of him to deliver up the silver on the spot. In vain did Captain Smith remonstrate against this, alleging that the money belonged to citizens of the United States. The officer answered he did not care to whom it belonged, that he had orders from his superior officer to take it, and it must be delivered up. Captain Smith, finding all his remonstrances unavailing, finally delivered up the money, on condition that the officer would give him a receipt or certificate of the fact of his having forcibly taken the money from a citizen of the United States, consisting of twelve loads of coined silver, amounting to sixty thousand dollars, and two loads of silver in bars, amounting to ten thousand four hundred dollars and one real. This money was carried to Arica and delivered to Lord Cochrane, who divided it among his crew as prize money, or in payment of wages due. Captain Smith went before a judge in Arequipa and stated all the facts of the case, and duly qualified to the same. He also had the testimony

of those travelling with him at the time that this money was seized and wrested from him taken with proper solemnity and legality. Thus did Captain Smith all that was practicable for him to do, in the then state of the country, to sustain the rights of those for whom he was acting.

The undersigned refers to the memorial of the claimant accompanying this, marked A, for a more detailed development of this case, and to the copy of the receipt of Capt. Balderrama, and the statement of Capt. Smith made under oath before the judge of Arequipa, together with the testimony of his three travelling companions, taken before the same judge; also the deposition of General Miller, to be found in the bundle of papers herewith, marked B, for proof, to show more conclusively that the money thus taken and appropriated belonged truly to citizens of the United States, the undersigned refers to bundle of papers marked C, also with this, containing the invoice of the goods shipped by the American house of Perkins & Co., at Canton, from the sales of which this money was produced. In the same bundle of papers will be found further evidence of ownership. The bill of lading

of the shipment of the goods and the agreement entered into by the said house of Perkins & Co. with Captain Smith; the affidavit of J. P. Cushing, who was a member of the house of Perkins & Co., at Canton. All these are properly authenticated. The testimony taken in Peru is solemnized by a judge of the country, that taken in the United States by the seals of a notary public and magistrate, whose authority is certified to by the governor of the State of Massachusetts, whose official act is certified to by the Secretary of State of the United States. The reason of the delay of the claimant in asking the interposition of his government in the case is stated in his memorial; which is deemed satisfactory by his government.

This outrage by a military force of Chile, violently taking money from a citizen of the United States, who was peacefully and lawfully pursuing a trade in a friendly territory, which money belonged to citizens of the United States and was appropriated to the public service of Chile, the undersigned demands, in the name of his government, of the government of Chile the sum thus taken and appropriated: seventy thousand four hundred dollars and one real, with interest thereon from the time of its seizure.

The undersigned offers to the minister the assurance of his high and distinguished consideration.

RICHARD POLLARD.

Hon. THE MINISTER OF FOREIGN RELATIONS,

For the Republic of Chile.

The Minister of Foreign Relations of Chile to Mr. Pollard.

[Translation.]

SANTIAGO, May 27, 1841.

I have had the honor of receiving your note of the 19th instant, accompanying various documents, concerning a new claim of the government of the United States on that of Chile, and in its view, all that I am able to say to you is, that the government will take into consideration all the points which the cited note embraces, and the adjoined documents, and will answer it with all possible promptitude. With this understanding, I have the satisfaction of offering to you the assurance of the high and distinguished consideration with which I am,

Your attentive assured servant,

The CHARGÉ D'AFFAIRES

Of the United States of America.

R. L. YRARRAZARAL,