No. 715.

Mr. Bayard to Mr. Soteldo .

Sir: I have the honor to inclose herewith my formal receipt for the draft for $3,000 on account of the Wheelock indemnity, which you handed me on the 10th instant.

I regret that I cannot accept this draft as in full satisfaction of the obligation of your Government under the agreement of the 3d of April last. You will, of course, remember that you proposed to present to the United States, in settlement of Mr. Wheelock’s claim, two bills of exchange for $3,000 each, one at the end of three months and the other at the end of six months from the 3d of last April, and that although I regarded the proposed indemnity as inadequate, I reluctantly accepted your proposition, but only upon the express condition of the faithful fulfillment of its terms.

It is not necessary for me to inform you that by the terms of our agreement the second bill for $3,000 should have been presented here on the 3d of October last, and that more than five months have elapsed since that date. For this breach of performance it seems to me that the least possible satisfaction would be the payment by your Government of interest on the delayed payment, which, at the rate of 6 per cent, per annum for five months, would amount to $75.

Feeling sure that you will recognize the justice of this view, I have to request that you will be pleased to accept, &c.,

T. F. BAYARD.