In reply to this, an interview was appointed by Don Antonio Varas, for the next day, with Mr. Duer and myself. We went at the time appointed, and found the Minister unwilling to allow any claim for damages sustained, either in person or property, during the time the Florida was in the hands of the rebels, or for salvage on the treasure; but he acknowledged the obligation of the government to pay for the use of the vessel for the time she was in its service. He however postponed the decision of the case until Monday, the 22d, at which time he appointed another interview. Mr. Duer and myself were at his office at the time appointed, but were put off again until the next day. On Tuesday, we held another conversation with Don Antonio Varas, if possible, more unsatisfactory than the first, for not the slightest hope of relief was held forth.
Despairing of obtaining justice, I returned to Valparaiso, and, on the 27th of March, advertised for money on bottomry, to repair the Florida and enable her to proceed to sea. I was forced to do this, as I had literally nothing wherewith to pay the wages of my crew, much less repair the vessel. The advertisement for bottomry remained in the Daily Mercuria, of Valparaiso, until April 3d, when, no proposals having been received, I was forced to put the barque up for sale, and advertised her on the 7th. The next day, the 8th, Mr. Duer addressed another letter to the Minister, Don Antonio Varas, in which he proposed a compromise. This was done to avoid the necessity for the sale of the vessel, and in hopes that an appeal to the sense of honor of the government might have its effect. Mr. Duer, at first protesting that in making this offer he by no means admitted, either for himself or for me, that my claims were not in all respects just and sound, went on to say that the price paid for the use of the vessel, in taking the prisoners to Magellan, was much less than it would have been had not the Florida been bound to the United States, via Rio Janeiro, and therefore could stop on her way at Magellan with comparatively little loss or expense. Nevertheless, he offered to accept for the use of the vessel, from the time of her arrival at Magellan till she reached Valparaiso again, a sum per day equal to that which she received according to the contract made from Valparaiso to Magellan, with the addition of ten per cent. The claim for salvage on the specie was not waived, nor the compensation for my personal services. The personal losses of Mr. Buela, the mate, and crew, were ascertained by Mr. Duer, and stated at what he considered a low and reasonable amount.
I was induced to make the offer of this compromise, from my desire to do the best in my power for my owners, and from my sense of the great sacrifice to them which the forced sale of the vessel would cause; and also from my utter inability to meet any more delay, or incur any further expense, destitute as I was of even the necessaries of life, and dependent as my crew were upon me.
This letter was dated April 8th; but no answer was received until the 24th. In the meantime, proposals for the purchase of the vessel were made by Messrs. F. A. Richardson & Co., offering the sum of two thousand eight hundred dollars for the barque. The vessel being advertised for sale on account of whom it might concern, and this being the highest offer received, of course it was accepted.
On the 24th, Mr. Duer received a letter from Don Antonio Varas, denying the right to any claim for services rendered or losses suffered in consequence of the acts of the revolted colonists, and proposing that in order to determine the time during which the Florida should be considered as employed in the services of the government, an agent should be employed to go between me and the government.
He waives all examination of the estimate formed in Mr. Duer’s letter, of the amount to be allowed as claimed by the Florida; he takes leave to observe that Mr. Duer takes it for granted that the Florida was in the service of the government not only during the time she was sailing under the orders of the authorities of Chili, but also the period she was in the power of the insurrectionists; and that the personal losses of the captain, sailors, and passengers are included in the claim; whereas they should be considered as resulting from the acts of the rebels, which the government is not responsible for.
With an excuse for his delay in answering Mr. Duer’s letter, founded upon his absence from the capital for a few days, and other urgent occupations, he signs himself, “Your obedient servant, Antonio Varas.”
On receiving this letter, Mr. Duer joined me in entering a protest at the consulate, against the injuries and damages I had received at the hands of the Chilian government, and the affair was put in the hands of our government authorities, where it now remains.