Office of the Historian

No. 130.
Mr. Roberts to Mr. Bayard.

[Extract.]
Legation of the United States,
Santiago, October 28, 1887. (Received December 8.)
No. 164.]

Sir: In my dispatch No. 162, dated the 7th instant, referring to the international claims tribunals, I stated that the Anglo-Chilian had adjourned sine die, the remaining twenty-one claims having been settled diplomatically by Chili paying $100,000 gold in liquidation of the same.

I added, that as near as could be ascertained the amount of these claims so settled was about $6,000,000. This was arrived at by deducting the amount of the claims decided, as published in the Diario Oficial, from the sum total as given over a year ago.

On the 14th instant, the Diario Oficial published another decision of the English Tribunal, on the largest claim before it, namely, The Peruvian Guano Company, limited, for £792,233,13s. 5d for losses sustained in not being able to carry out its contract with the Peruvian Government in the carrying and selling by assignment 1,900,000 tons of guano, on account of the war between Chili and Peru, claiming a damage of [Page 173] £4 15s. a ton on the unfulfilled part of the contract This being in the nature of consequential damages, the tribunal declared itself incompetent to try the case, not being.” directly caused by the operations of the land or sea forces of Chili on the coast or territory of Peru.”

This decision, of which I had no knowledge when writing the dispatch referred to, entirely changes the figures as given, which, corrected, should read thus: Twenty claims, amounting to £50,125, and $49,666 silver, or say in all $300,291, were settled for $100,000 silver, and not gold as was published in the press at that time.

I have, etc.,

William R. Roberts.
[Page 174]
[Inclosure in No. 164.]

List and amount of claims presented to and decided by the Anglo-Chilian tribunal.

[Page 175] [Page 176] [Page 177]
No. Name. Where. Character of claim. Amount. Amount in silver dollars. When decided. Decision.
£ s. d.
1 Richard T. Anderson Lima Interest on bonds $11,200.00 July 5, 1884 Disallowed.
2 James Noble Chimbote Merchandise 1,669.00 Aug. 23, 1884 Disallowed, English arbiter dissenting.
3 Thomas Lawlor Lima Horses 3,000.00 July 19, 1884 Allowed, Chillian arbiter dissenting.
4 James Kirkwood Tacna Furniture, etc 6,000.00 Sept. 16, 1884 Disallowed, English arbiter dissenting.
5 Duncan, Fox & Co Chorillos House 1,000 00 0 Sept. 16, 1884 Disallowed.
6 do Pisco Bale of osnaburgs 157 11 9 Sept. 16, 1884 Allowed.
7 J. Stafford & Co Mollendo and Callao. Tea and beer 132 15 3 Sept. 24, 1884 Disallowed.
8 David Genno Callao Losses 173 00 0 July 19, 1884 Disallowed, President Lopez Netto dissenting
9 John Farquharson Cerro Azul Trunk 462 00 0 do Disallowed, English arbiter dissenting.
10 William Fry Mfsollendo Merchandise 4,554 10 6 Jan. 10, 1885 Disallowed.
11 do Quilca Sugar, etc 2,742.45 Sept. 22, 1887 Ordered to be filed.
12 Huth & Co Mollendo Merchandise 327 10 0 Sept. 27, 1884 Disallowed, English arbiter dissenting.
13 Cockburn, Roxburgh & Co Payta Cotton 70 16 5 Aug. 23, 1884 Allowed. Chilian arbiter dissenting.
14 John Mathison and others (Chorillos Gas Company). Chorillos Losses 1,819 18 0 Oct. 1, 1884 Do.
15 John Mathison Barranca House 1,000 00 0 Oct. 11, 1884 Do.
16 do Payta Sherry 90 00 0 Nov. 15, 1885 Disallowed.
17 William B. Minhimmick Miraflores Furniture 800 00 0 Jan. 10, 1885 Disallowed. English arbiter dissenting.
18 Willam Simpson do House 1,000 00 0 do Do.
19 James Bishop do House and furniture 1,596 13 4 Nov. 15, 1885 Do.
20 Alfred Brierly do do 415 19 6 Aug. 27, 1884 Do.
21 William E. Aicken do Furniture 1,825 00 0 Aug. 30, 1884 Do.
22 Philip Rosenthal do Property 416 13 7 Aug. 16. 1886 Allowed.
23 Blemish & Nelson Chorillos Merchandise 1,963 16 11 Nov. 15, 1885 Disallowed, English arbiter dissenting.
24 Benjamin J. Smith Miraflores Furniture 111 13 00 Aug. 30, 1885 Disallowed.
25 Lima Railways Company Lima Stations, etc 8,423 2 10 Nov. 15, 1885 Disallowed. English arbiter dissenting.
26 Samuel Peake Huanillos Lighters 13,835 1 7 Aug. 16, 1886 Tribunal incompetent.
27 John James Harris Callao Sundries 46,165.00 Nov. 21, 1884 Allowed $25,000, Chilian arbiter dissenting.
28 do do do 14,600.00 Oct. 8, 1884 Disallowed.
29 Robert Reid Chorillos Furniture 482 15 00 Nov. 29, 1884 Allowed,Chilian arbiter dissenting.
30 Bates, Stokes & Co Huancayo Wool 774 00 00 Oct. 31, 1884 Disallowed.
31 Scott & Long Chorillos Workshops 1,922 00 10 Nov. 15, 1885 Disallowed: British arbiter dissenting.
32 John Scott do House, etc 1,500 00 00 Aug. 2, 1886 Do.
33 William Tweddale Pisagua Clothes 500.00 Sept. 6, 1884 Disallowed.
34 Charles Baker Arica and Azana Sundries 31,483.00 Aug. 2, 1886 Disallowed. English arbiter dissenting.
35 Frederick Peede Barque La Plata 31,981.00 Aug. 16, 1886 Incompetent.
36 Williams S. Main Tourbo de Mora Furniture 1.530 00 00 Aug. 2, 1886 Disallowed.
37 Charles H. Williams Miraflores House, etc 5,000 00 00 do Disallowed, English arbiter dissenting.
38 Gunston, Edsmundston & Co Mejillones Mortgage on railroad and customs receipts. 44,336 2 5 do Incompetent.
39 William Long Chorillos Furniture 800 00 00 Aug. 8, 1887 Disallowed, English arbiter dissenting.
40 George Elster do do 6,311.00 Aug. 11, 1886 Do.
41 Miller & Co Tacna Ten barrels fuse 64 00 00 Aug. 16, 1886 Incompetent.
42 William S. Stanley Iquique Losses 37,922.65 Nov. 2, 1886 Allowed $12,000.
43 George E. Steel Cerro del Pasco Carts, etc 2,000.00 Settled outside of tribunal.
44 Mary Watkins Barranco Clothing, etc 6,047.00 Aug. 16, 1886 Disallowed.
45 Gerard Garland Chorillos House and furniture 4,609 18 4 Aug. 25, 1887 Disallowed, English arbiter dissenting.
46 Mary P. de Maclean Arica do 71,690.00 Oct. 11, 1886 Disallowed.
47 Peruvian Guano Company Losses of freight on contract. 792,233 13 5 Sept. 15, 1887 Incompetent.
48 do Guano, tools, etc 46,413 7 4 Settled outside of tribunal.
49 John Meikle Tourbo de Mora Sundries 534 00 00 Aug. 2, 1886 Disallowed.
50 Robert Bishop Mollendo Furniture 800.00 Aug. 16, 1886 Do.
51 Roger Davis Mejillones House and furniture 4,500.00 do Do.
52 John Treager Arica and Tacna Goods, merchandise 11,270.33 Nov. 2, 1886 Disallowed, English arbiter dissenting.
53 Edward Chirineo 13,917.30 Settled outside of tribunal.
54 Charles Watson Mollendo Property 220,645.18 July 4, 1887 Disallowed.
55 Robert K. Jeffery 2,035 00 00 July 7, 1887 Disallowed, English arbiter dissenting.
56 Thomas Wheelock Chorillos House 30,000.00 July 14, 1887 Do.
57 Simon, Israel & Co Mollendo Merchandise 1,688 3 8 Aug. 25, 1887 Disallowed.
58 John T. North Ship Marañon 74,000.00 Nov. 2, 1886 Incompetent.
59 do Pisagua Property 12,585.93 do Disallowed, English arbiter dissenting.
60 do Papellan de Pica Water-condensing machinery, etc. 12,500.00 do Allowed $6,000.
61 Thomas S. Tuffield Tacna Furniture 764 8 00 Aug. 2, 1886 Disallowed, English arbiter dissenting.
62 John Brithwaite do do 4,740.97 Sept. 22, 1887 Ordered to be filed.
63 Henry H. Nagle Barque Lilly Grace 4,583 6 8 Aug. 18, 1887 Incompetent.
64 Lebbeus Sumpter Pigs 183 6 8 Aug. 2, 1886 Allowed.
65 William Hill Ancon Property 6,940.00 July 14, 1887 Disallowed.
66 Dugald McLellan Furniture 141 15 00 Settled outside of tribunal.
67 Alexander Stenhouse Mollendo House 3,000.00 July 14, 1887 Disallowed.
68 Alice Gallagher de Carrol Chorillos Half house 3,000 00 00 Oct. 11, 1886 Disallowed, English arbiter dissenting.
69 Virginia M. de Swain do Property 40,120.10 Nov. 2, 1886 Disallowed.
70 do Cañeta Damages 23,645.20 do Do.
71 do Callao Duties 17,740.65 do Do.
72 Samuel Peake Hardware 244.70 Aug. 2, 1886 Do.
73 William Spedie Mollendo Lighters and property. 358,954.00 June 27, 1887 Disallowed, English arbiter dissenting.
74 Brooking, James & Co Pisagua Losses 13,124 11 00 July 14, 1887 Do.
75 London Bank of Meixco Lima Deposits withdrawn by order of Chilian officers.* 5,302 15 00 Aug. 18, 1887 Incompetent.
76 John Briggs Tacna Sundries 3,955.00 Aug. 2, 1887 Disallowed, English arbiter dissenting.
77 Thomas Chapman do Animals, etc 4,219 7 7 Aug. 25, 1887 Disallowed.
78 Campbell, Jones & Co Mollendo Merchandise 78 18 00 Aug. 18, 1887 Do.
79 do Arica Hides $10.600.00 Sept. 15, 1887 Do.
80 do Dynamite taken from the ship Knight Templar. 1,376.02 Aug. 18, 1887 Incompetent.
81 Jerrerson & co Quilca Merchandise 77 19 00 Aug. 26, 1887 Ordered to be filed.
82 John Jefferson Arica Furniture and effects 1,278 00 00 Oct. 11, 1887 Disallowed. English arbiter dissenting.
83 William Sutherland Cajamarca House and jewelry 7,900.00 July 18, 1887 Do.
84 James Canny Pascopampa Animals 1,420.00 Oct. 11, 1887 Allowed.
85 Anthony Delolme Chorillos House and property 30,000 00 00 Disallowed.
86 The Lima Railway Co Callao Import duties 1,388 12 3 Withdrawn.
87 Francis A. Kelly Papellan de Pica House and property 21,162.00 Settled outside of tribunal.
88 James Taylor do Property 4,000.00 July 7, 1887 Disallowed.
89 W. S. McClellan do do 275 00 00 June 27, 1887 Ordered to be filed.
90 Andrew Jackson do Merchandise 100 00 00 Settled outside of tribunal.
91 James A. Clarke Mollendo Property 85 12 00 Do.
92 Barclay Burns do Personal property 29 3 4 Do.
93 Francis Boyd do Property 1,358.00 Do.
94 Archibald Barclay do do 195 00 00 Do.
95 J. Jefferson, R. Smart, and J. Robillard. do Lighters and buoys 1,235.00 June 27, 1887 Ordered to be filed.
96 James O’Connor do Furniture 1,809.00 Settled outside of tribunal.
97 W. A. Smith do Wine 91 4 00 Do.
98 J. W. Lonergen Arica Furniture 2,060 00 00 Withdrawn.
99 Jefferson & Co do Office, etc 2,700 00 00 July 4, 1887 Ordered to be filed.
100 Julia Maclean de Outram Tanca Losses 8.525.00 do Do.
101 David White do Personal property 1,914.50 Settled outside of tribunal.
102 Benjamin G. Chapman Cañeta Sundries 2,108 11 1 Do.
103 Thomas Keppel Supe Clothing 2,209.00 July 4, 1887 Ordered to be filed.
104 Henry Gray Payta Furniture 2,044.00 Settled outside of tribunal.
105 Ibbotson Bros. & Co Chimbote Hardware 109 10 00 Do.
106 A. T. White do Clothing 1.530.94 Do.
107 Campbell, Outran & Co Pisagua Coal. etc 10,000.00 Paid and withdrawn.
108 Wholey Bros Ancon Property 851 8 00 Settled outside of tribunal.
109 John Farmer Chorillos House and furniture. 3,000 00 00 Aug. 8, 1887 Disallowed, English arbiter dissenting.
110 Frederick Ford do Furniture 1,000 00 00 do Do.
111 Dr. Maclean’s heirs do Death of the doctor 10,000 00 00 do Ordered to be filed
112 Thomas E. Dallas do Furniture 2,162 10 00 Sept. 22, 1887 Do.
113 Edward Irving Calllao do 732.50 Settled outside of tribunal.
114 Crown Periumery Co do Perfumery 143 13 00 Sept. 22, 1887 Ordered to be filled
115 Frederick Buzaglo do Duties 3,197.60 Settled outside of tribunal.
116 Susana Flecknoe Chorillos Death 20,000.00 Incompetent.
117 A. M Fisher Miraflores Property 875 00 00 Ordered to be filed.
118 Mrs. Mercedes Reid Chorillos do 32,435.00 Sept. 15, 1887 Incompetent.
Total 1,034,028 14 3 1,246,268.92

* Also $228,295, Peruvian paper dollars (very little value).

Note—For sake of convenience counting the pound as $5 (although it is worth more than that in silver), the 118 claims would amount to $6,416,410. The secretary of the tribunal had reduced the pound at $7.50 to paper currency, which was wrong.

[Page 178]

Disposition of claims submitted to the Anglo-Chilian tribunal.

In pounds. In silver dollars.
60 Claims disallowed 99,735 $959,989
11 Thrown out on account of incompetency of the tribunal 860,355 159,742
14 Ordered to be filed (papers not in proper shape) 19,683 19,452
13 Allowed 4,131 57,420
Total 983,904 1,196,603
20 Settled outside of tribunal for $100,00 silver 50,125 49,666
118 1,034,029 1,246,269

Or in dollars, at $5 to the pound, $6,416,410.

Taking the one hundred and eighteen claims, amounting to $6,416,410 (counting $5 to the pound), on which was allowed $178,075, or 2.78 per cent.

Deducting from the one hundred and eighteen claims ($6,416,410) the eleven thrown out by the tribunal ($4,461,517) on account of incompetency, leaves $1,954,893, upon which the tribunal allowed $78,075, and outside of same $100,000; a total $178,075, or 9 per cent.

Twenty claims settled outside of tribunal ($300,291). Allowed, $100,000, or 33 per cent.

Under the presidency of Señor Lopez Netto on the tribunal seven claims out of twenty-five were allowed. Under the presidency of Señor Lafayette Kodriquez Pereira five out of thirty-five were allowed. Under the presidency of Baron d’An-drada out of thirty-five none were allowed.

Résumé.

Twenty-five claims decided under Señor Lopez Netto; 35 claims decided under Señor Lafayette E. Pereira; 35 claims decided under Señor Baron d’Andrada; 3 withdrawn (one of them paid); 20 withdrawn, settled outside of the tribunal.—Total, 118.