Hamilton Fish to Hamilton Fish, February 18, 1875
No. 191. Mr. Fish to Mr. Scruggs.
No. 69.]
Sir: Your dispatch No. 79, of the 5th ultimo, has been received. It relates to a claim of British subjects against Colombia, in which, having been asked to act as arbiter, you consented, and request the sanction of the Department to that consent. This is granted, but it would have been preferable to have awaited the decision here before accepting the trust.
The case, as stated by you, obviously involves important principles, and as the result, whatever it may be, may in the future be made applicable to similar claims of foreigners against this Government, it is hoped that you will give the subject your best attention. Without wishing to bias your judgment in advance, it may be remarked that the claim, in some of its features, resembles that in the case of the Caroline against Brazil. This claim, after having been urged for years, was at last paid. My predecessor, however, having doubts as to the accountability of Brazil under the law of nations, consulted the Attorney-General for the time being on this point.
A copy of Mr. Akerman’s opinion, which may be found on page 164 of the document in the case of the Caroline, is herewith transmitted for your information.
I am, &c.,