The Sun.
London, England, 1852-09-07 00:00:00

SPIRIT of the PUBLC JOURNALS.
FROM THE MORNING PAPERS OF THIS DAY.
TIMES.—A few days ago we laid before the
public an outline of the case between the Peruvian
and American Governments reqoecting the territorial
sovereignty of the Lobos Islands. These islands are
barren and uninhabitable rocks, emerging from the
Pacific Ocean at a distance of some twenty or thirty
miles from the northern shores of Peru. Without
any capacities for agricultural production, and long
considered as almost worthless property, they have
recently acquired a value from the rich deposits of
guano which they have been found to possess. As the
importance of this commodity became manifest, the
Government of Peru converted its heretofore nominal
rights over the territory into active jurisdiction, and
stationed vessels of war off the islands to prevent any
shipments of guano except on terms of its own pre-
scribing. The British Government, though moved to
opposition by its subjects, deferred to the authority
thus exercised, but the United States resisted the
claim, and alleged that the Peruvians had no such
title to the territory as would give them exclusive
rights of possession. They claimed the liberty, in
short, of taking the guano without p tying for it,
and, when a trader of New York applied
to his Government for information on the subject,
he was apprised by Mr. Webster that the " De-
partment of State" was " not aware" of any
sovereignty vesting in Peru, but that whereas Ben-
jamin Morrell, jun., a citizen cf the States, had
" discovered " these islands in 1823, it was possible
that a certain title might pertain to the American
Government itself. Since that time, the correspon-
dence which ensued between Mr. Webster and the
Peruvian Minister at Washington has been laid be-
fore Congress, and we yesterday published the letter
in which, under so recent a date as the 21st ult., the
American Secretary maintains at length his own
views of the question. The case of the Peruvian
Government may be premised in a very few
words. The islands in question designated by dis-
tinctive Spanish names, lie within a couple of hours'
sail of the shore in a well-frequented sea. That
they were not " occupied " in the formal sense
of the term is true, for they were unfit for habi-
tasion ; but so notoriously had they been both
" discovered " and appropriated that there is scarcely
any good map, however ancient, which does not
contain them, laid down and attached to what
were then the old Spanish provinces of Peru.
There is, in fact, not the smallest reason for pre-
suming that they escaped the knowledge or visits
of those who settled or conquered the shores of
the mainland ; nor is it in any degree probable that,
before the uses of guano were known, any State or
Government would have questioned the title or juris-
diction of Peru. It is against such evidence as this
that Mr. 'Webster is reduced to plead. The original
demurrer of the American Secretary rested on the
double argument that Peru could show no claim at
all, and that the States could produce the " disco-
very" of Benjamin Morrell in 1823. Unfortunately,
however, for the latter plea, Mr. Webster himself has
now been induced to found a third argument on facts
of a totally opposite character, and whereas, in his
communication to Captain Jewett, he hal spoken with
studied respect of Benjamin Morrell's claims of disco-
very, he is now fain to defend himself against the
appeals of the Peruvian Minister by the assertion that
the citizens of the United States have been accus-
tomed to frequent these islands for fishing purposes
ever since the year 1793 at the very latest—that is
to say, for 30 years at least before their imputed
discovery by Benjamin Morrell ! And " all this,"
now adds Mr. Webster, "is well known to the
commercial world." Yet, nevertheless, the Ameri-
can Secretary in his note to the Peruvian Envoy
does positively venture to allude again to this
" supposed discovery, not indeed as " founding an
exclusive right on the part of the United States (!)"
but as "a fact fit to be considered in common with
other facts and occurrences," and the import of this
memorable "fact" he thus sums up :—" The truth
appears to be that Captain Morrell was on a voyage
of discovery, and did, in fact, discover, or was sup-
posed to have discovered—guano on these islands !"
We trust that this argument will commend itself in
its full force to the appreciation of European states-
men. The " discovery" of territory by an American
thirty years after it had been confessedly frequented
by other Americans, is still spoken of as something
"supposed," and as a "fact" which, though not con-
clusive of the question, is " fit to be considered" by
the side of others. Finally, what was originally ad-
vanced as the discovery of the island itself is com-
muted for the discovery of something upon it; so that
if gold were suddenly to be found in the Isle of Man
by a Frenchman, Louis Napoleon's Government might
plead a claim to the mines. With regard to the positive
title of Peru Mr. Webster is equally at fault for any
arguments to invalidate the pretensions of that State:
Its territorial rights, in fact, were as plain, as notorious,
and as well recognised as any rights could be over
territory of that description. The islands were not
inhabited, for they were uninhabitable, but they were
set down and described as Peruvian property when-
ever they were described at all. The Government of
Peru did not maintain any protective force on the
shores in question, because they were not imagined to
contain anything worth protection ; but as soon as
the negotiability of guano became known the juris-
diction of the State was duly exerted. As it is per-
fectly incontestable that the sovereignty of Peru over
this territory received all the recognition that was
claimed for it, the only true question is whether the
sovereignty has been permitted to lapse. Forty years
ago there would not have been a doubt about the Pe-
ruvian title, which was as plain as that of Great
Britain to Australia, or of the United States to
their unoccupied prairies. Now, however, Mr.
Webster asserts that, inasmuch as the Americans
have habitually resorted for more tban half a
century to these islands for the pursuit of seals
and other animals, they have acquired a " better
title," on the score of possession, " than could
be maintained by Peru ; as if a long-established en-
croachment of fishermen on a foreign shore could
confer on the State to which those fishermen belonged
a right to enter on possession of the territory itself.
No person can pretend to doubt that the sovereignty
of these islands has been presumed from time imme-
morial, in so far as any thought was given to such a
subject, to be vested in the Peruvian Government.
The first notable exercise of its jurisdiction took place
in 1833. Mr. Webster speaks of this act of sovereignty
as "now appearing, just as if it had not previously
been understood ; whereas he is compelled to admit
that it actually produced a correspondence between
the two Governments of 'Washington and Peru. This
correspondence, too, he endeavours to turn to his own
account, though it contains a complete refutation of
his claims. When the Government of Peru, at the
period above mentioned, warned off foreign vessels
from the Lobos Islands, the American Envoy at Lima
did certainly put in a remonstrance, but in this re-
monstrance, as Air. Webster himself confesses, so far
from denying the original jurisdiction of the Peru-
vian Government, he actually solicited a modifica-
tion of the decree in favour of the American fisher-
men who "had been allowed quietly to follow their
occupation for so many years." Yet, in the very next
paragraph of his note, Mr. Webster observes, " Here
then is a formal remonstrance on the part of the
United States against the asserted sovereignty of
Peru over the Lobos Islands, to which no answer, as
far as appears, was given." Now, if the reader will
but reflect that in the preceding passage of this idea.
tical note Mr. Webster himself had described this
very remonstrance as "not formally denying the
original right of Peru, but requesting a reconsidera-
tion of the decree," he will readily appreciate the
justice of the conclusion which the American Secre-
tary now declares to constitute the " standing-
ground " of his countrymen. The fishermen and
" sealers" of the States had long frequented without
license the shores of certain islands always set down
and distinguished as Peruvian territory. When
warned off no exception is taken to the jurisdiction
exercised, but consideration is requested for the claims
of usage in this particular occupation. Yet this " re-
monstrance" is now cited as a protest destructive of
Peruvian sovereignty, and conveying to American
citizens the right of entering upon the islands them-
selves to seize and export what they can find.
CHRONICLE.—The restless and aspiring citizens
of the United States cannot endure the thought that
any of the treasures of the western hemisphere should
belong to others. With untiring energy they make
effort after effort to grasp the prizes which most
tempt their longing eyes. Even if they fail, there is
doubtless something pleasant to their fancy in the
mere attempt to outwit, to frighten, or to overreach
their neighbours. They have tried hard for the sugars
and cigars of Cuba, and their only " order" of chi-
valry is bound by piratical vows to drag the " Lone
Star" into their orbit. They have secured the cod
of the Bay of Fundy and now they covet the rich
guano deposits of the Lobos Islands. The American
Secretary himself throws but a very slender veil of
sophism over the barefaced attempts of his keen and
sharpwitted countrymen ; and so much is usually done
by perseverance, audacity, and reckless assertion, that
the justification, such as it is, of success, may very
possibly reward his and their joint efforts. It is dit-
ficult to help giving some credit to a statement which
is repeated again and again. There seems a sort of
legitimacy in any claims that are constantly
and unhesitatingly brought forward ; and the facts
on which international rights depend are often alike
unknown and uninteresting to the mass of men. It
is easy to pervert them—easy to make any statement
respecting them that may suit the purpose of the mo-
ment. It happens, however, that the claim put for-
ward by the Americans to appropriate the guano of
the Lobos Islands is asserted at a time when English-
men are peculiarly well able to judge of the merits
of the question. Some of our own countrymen
lately made a similar claim, but the English Govern-
ment refused to sanction it. Our agriculturists and
shipowners were too deeply interested in the result to