tract necessary to be noted in this narrative is that Field agreed to erect the plant within three months under penalty of a fine and the forfeiture of a site which had been given him and of all the machinery which might have been erected on it at the time of forfeiture. The time fixed for completion of the plant was afterwards extended to November 26, 1896. On August 20 Field appeared in Cincinnati, and there bought from the Post-Glover Electric Company electrical supplies to the amount of $1,419.04. In payment he persuaded them, by false and fraudulent representations, to accept a draft on New Orleans, after which he seems to have disappeared and had no further part in the proceedings. In due course the draft fell due and came back protested, and about October 14 the company sent an agent, Dr. Beck, in pursuit of the goods. Beck followed them to Bluefields, arriving there October 24. The goods were found in possession of one Rogers, acting as agent for Field, and Rogers willingly turned them over to Beck. Beck endeavored in vain to sell the goods to General Reyes. General Reyes endeavored to persuade Beck to wait until November 26, and then to step into Field's contract. Beck declined and decided to carry the goods home, and began to box and deliver them to Brown & Harris, agents of the steamer Hiram, billed to sail on November 12 for New Orleans. On that morning Brown & Harris applied to General Reyes for a clearance for the Hiram, without which she could not legally prosecute her voyage. General Reyes refused to give it unless they would agree not to transport the electrical supplies in question. The steamer Hiram, being loaded with bananas, could not afford to delay and contest the legality of General Reyes's action, and accordingly declined to carry Beck's goods. He had no resource but to return to the United States without them. But he did manage to conceal and carry off in his trunk a few of the small and most valuable pieces. After this, by the regular processes of Nicaraguan law, Field's contract was declared to have been violated and the goods in question forfeited. They have ever since remained in possession of the municipality of Bluefields. By article 3 of the protocol Nicaragua admits.liability to the PostGlover Electric Company, and the only question before me is as to the amount. AMOUNT OF DAMAGES. The claim of the Post-Glover Electric Company is made up by taking from the invoice price of the entire bill of goods sold to Field, which was $1,419.04, the invoice price of these articles recovered by Dr. Beck, which was $143.64. This leaves $1,275.40, the principal of the claim. To this was added interest for twenty months, up to the time of a detailed examination into the account by the United States State Department. This interest, $127.54, made the total claimed in the latest memorials filed in the State Department $1,402.94. To this claim Nicaragua offers objection, which may be briefly stated as follows: First. That the basis of value should not be the market price of the goods in Cincinnati, as that includes a profit to the Post-Glover Company. It should rather be their useful value, in the condition in which they were found, when they came into the possession of General Reyes, at Bluefields. Second. That Beck's carrying off certain portions of the apparatus wilfully destroyed the useful value of what remained, making it absolutely nothing. There being no value left in this which Bluefields gets, she owes nothing for it, but is herself damaged by her failure to collect $1,000 fine, liquidated damages from Field, due to her by the contract. But this argument loses sight entirely of the purpose and the limited scope of this arbitration. It had its origin in General Reyes compelling a common carrier to refuse to serve an agent of the Post-Glover Company. Its purpose is, not that Bluefields may derive some profit from this action, but that the Post-Glover Company may suffer no damage. And in its scope it is strictly limited to estimating the loss of that company. What Bluefields gets or loses is not in the case any more than what Field gets or loses. Nothing is in order before me but evidence to show that the actual loss suffered by the electric company is less than $1,402.94. No such evidence is offered. It is beyond doubt that the company could have sold the goods in question in open market in Cincinnati at the prices named in the invoice. Those prices, then, must measure the damage. As no tender of settlement was ever made, interest is a permissible charge unless barred by the protocol. The protocol does not bar any amount "claimed in the memorials filed in the Department of State" before March 22, 1900, and the $127.54 is therefore allowed. AWARD. I therefore announce as my award that Nicaragua shall pay to the Post-Glover Electric Company as indemnity, at the time and in the manner provided in the protocol, the sum of $1,402.94. E. P. ALEXANDER. No. 327.] PERU. EXTRADITION TREATY WITH PERU. Mr. Dudley to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: Referring to your instruction' No. 211 of September 13, 1899, and the President's accompanying power to conclude a treaty of extradition between the United States and Peru, I have the honor to transmit by this mail, under separate cover, the copy, duly executed, which was retained for the Government of the United States. The treaty was transmitted by President Romaña to the Peruvian Congress for ratification a few days since. As Congress is on the eve of adjournment, doubt of course exists as to its being acted upon this session. It is, however, in the same case as three treaties of other countries which have been pending before Congress since last year. I am endeavoring, within the bounds of a proper discretion, to promote its ratification before the adjournment. I have, etc., IRVING B. DUDLEY. No. 220.] Mr. Hay to Mr. Dudley. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 327 of the 6th ultimo, forwarding the United States copy of the treaty providing for the extradition of criminals, signed by yourself and the Peruvian minister for foreign affairs. The same has been transmitted to the Senate to receive the advice and consent of that body to its ratification. I am, etc., No. 224.] JOHN HAY. Mr. Hay to Mr. Dudley. DEPARTMENT OF STATE, Washington, February 12, 1900. SIR: The Senate of the United States, on the 8th instant, gave its advice and consent to the ratification of the treaty between the United 1 Not printed. States and Peru for the extradition of criminals, with the following amendment: In Article II, at the end of subarticle 6 (being p. 5, line 14), insert, after "larceny," provided that the value of the property or the amount of money so embezzled or stolen is not less than $200, or 420 soles. The subarticle in question will, therefore, after amendment, read as follows: Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers; larceny, provided that the value of the property or the amount of money so embezzled or stolen is not less than $200, or 420 soles. You will communicate the amendment to the Peruvian Government and advise the Department by telegraph when it shall have been accepted in accordance with the laws and constitution of Peru. After receiving this notification the Department will prepare the exchange copy and forward it to you with a full power to make the exchange. I am, etc., JOHN HAY. Mr. Dudley to Mr. Hay. No. 352.] LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your instruction No. 224, of February 12, 1900, informing me of the ratification, in a slightly amended form, of the treaty of extradition between the United States and Peru by the United States Senate, and beg to submit herewith copy of notes since exchanged in relation thereto between this legation and the Peruvian foreign office. I regret to state that in the ordinary course the Peruvian Congress will not reconvene until the 28th of July next. I have, etc., IRVING B. DUDLEY. No. 132.] [Inclosure 1.] Mr. Dudley to Señor Riva-Aguero. LEGATION OF THE UNITED STATES, MR. MINISTER: The Senate of the United States, on the 8th ultimo, gave its advice and consent to the ratification of the treaty between the United States and Peru for the extradition of criminals, with the following amendment: "In Article II, at the end of subarticle 6 (being page 5, line 14), insert, after 'larceny,' provided that the value of the property or the amount of money so embezzled or stolen is not less than $200, or 420 soles." The subarticle in question will, therefore, after amendment, read as follows: "Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers; larceny, provided that the value of the property or the amount of money so embezzled or stolen is not less than $200, or 420 soles." I am instructed to communicate the foregoing amendment to the Peruvian Government, and most respectfully request that your excellency will do me the kindness to inform me when it shall have been accepted in accordance with the laws and constitution of Peru, in order that I may advise the Department of State of the United States by telegraph, it being desired, upon the receipt of such telegraphic notice, to prepare and forward me the exchange copy with a full power to make the exchange. I improve the opportunity, Mr. Minister, to renew, etc., IRVING B. DUDLEY. No. 9.] [Inclosure 2.] Señor Riva-Aguero to Mr. Dudley. FOREIGN OFFICE, Lima, March 8, 1900. MR. MINISTER: I have received your excellency's note, No. 132, dated the 6th instant, in which you are pleased to inform me that the Senate of the United States, on the 8th of February last, approved the ratification of the treaty between Peru and the United States for the extradition of criminals, with an amendment of paragraph 6 in Article II. Your excellency incloses me a literal copy of the tenor of the amended paragraph. As the treaty referred to by your excellency has already received the sanction of the Peruvian legislative body, and as any modification of the terms of a convention celebrated with a foreign power has to pass through the formalities to which the said convention has been submitted, I am compelled to await the next meeting of Congress, so as to submit the same to that body. As soon as that has been done I shall have the pleasure to communicate with your excellency. E. DE LA RIVA-AGUERO. Be pleased, Mr. Minister, to accept, etc., Mr. Neill to Mr. Hay. No. 423.] LEGATION OF THE UNITED STATES, SIR: I have the honor to inclose you a copy of a note from the foreign office announcing that the amendment in the treaty between the United States and Peru for the extradition of criminals, made by the Senate of the United States, has been accepted by the last Peruvian Congress. On the 25th of October, after the close of the ordinary Peruvian Congress, I was informed by good authority that the said amendment had been approved in that body. I had no hesitation in communicating to you by telegram, as instructed, as follows: Amendment extradition treaty accepted by Congress. When copy ready, will you forward me full power to make exchange? The parliamentary labors of the Peruvian ordinary Congress of 1900 came to a close on October 25 last. I herewith, also, inclose copy of my note acknowledging the receipt of Dr. Felipe de Osma's official notification in reference to the treaty amendment. MR. CHARGE: I have the pleasure to inform your honor that the national Congress, by virtue of its attributes, has approved the amendment introduced by the Senate of the United States of America in the treaty of extradition that was signed on November 28, 1899, by his excellency, Mr. Dudley, and the chief of this chancellery at that time. The ratification documents are now ready for exchange. I reiterate, etc., FELIPE DE OSMA. |