New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-08-25
{ ,hs, province. . proposition which cauno. DO sup.

Of ,hs, province proposition which cannot DO sup
ported.
In TIL, case therefore the authority Of Ncedo csnnot
BE- regarded decisive 10 order that ., snouId bs 90
c. nsicsred the undersigned must be Informed What
acts of jurisdiction his Ca hoic Majesty exercised over
N, g. Islands The occs.ops vista OF l,dsns from the
r-ishoorns confident u which Mr Osns r-fsrs cannot
be sid a. have impaired a. the Sovereign Of Spss, or
the ovrrnu eni ~ Peru eyeB, ~ good title 10 those
Islands the haoiusl resort tai'her OF tue vessels ot
the Uuted 50 long and uninisrruptsdy eoauo'
ueG Tor the purpose Of csptdring scale on ner snor
and whales In the sc zcent ocean, wodd give 70 mo
Unrei The Of shsse Islands BY ina Psruvi'
Indians for the last half century has no douoi oecn
Vastly ess an by tile citizens OF he Uaited Ststes
and upon ths ground OF 81 ., nae srsum@oI Q ocs.
ter tte could oe ssseed oy po.ess m on tie psr Of
the United States than could bs maintained b, Peru
The undersisnsi freely admits that scs OF the Peru
Wan Government, founded on supposed rights, wnen
not objected To- Of TO be regarded having more or
iess weight the question OF right far that hight
depends upon Possession. H. therefore. 10 b. ssk~d
WY this ,overomea' did not ais protect sssin't tho
fe uYsn decre- OF n. 2lst OF March and l0h OF Nay
lci2 by the 18Th article OF former aud the 81 o, tbs
lster by shich the peusy Of con6sc son denDunced
sgsnst any ,tions or foreign vessel which SHALL
coor AZ or approach the Islands places IN which
there may be gusno without thu usual lie 9nse from the
authorities empowered 10 issue u same Il may b. an
swered tfst the very exsrence OF those DEGREES
known TO this Government until they appeared In
the British Parliamentary documents on ths subject Of
the Ooos Islands prese ted 10 the House of Com no %
on the liih of Msy last. There IL nothing which tho
underss nod in the de.pstches of the Chs-s6
dAhares Of the United States at show III At the
DEGREES were communicated T. known 10 him IL
these dscres bad Seen known here at earlier date
they would have received tia attention OF hls Govern
mept
As to the claim Of Peru to tho,e slsnds founded on
the law of proxlmty, the question will sppsR 30 be
free Of doubt The well setrd rule OF modern public
law this point is that the right ct jurisdiction Of any
nson whoss territories may border on the ses extends
o. the distance o' shot three marine miles
from the shore this bsDg the supposed limit 70 which
defense of the coast from the land itse can be ex.
tended.
The whole discussion, therefore must turn upon this
viz the Lobo. Island. lying IA the open ocean far
from sny continental possession, ot Peru not to be-
long q that country by the las Of proximity AHA
cont position, has tne G vernment o, that country ex
ercised such uneQuivoc, of absolute sOvereiguy
aud Ownership them give 70 her right 10 their
exclusive possession, az against che Ianed SITS dsd
lheir citizens, by toe Law of udisp table poss ssion
Aud toe undersigned repeats that tbis 10 question
between Peru and other Governments who mas have
more or ess distncy sdmitt her right, but IL .
question between Peru and the ned states W. have
80 long exercised tina, right and demonstrated against
s interruption
The Government Of the United states however, 10
prepared to give due consideration 10 ali a,s ting
10 show possession occupancy of the Lobos Islands
by Peru and is no, Inclined tn stop preclude discus
sion until the whole matter shall be thoroughly invssu
gst.c there any IA is o. arguments which have
not been brought 10 IL, consideration they shall receive
the mott respectful and fiendv attention II Il shall
turn out of'n
are uunhabiied and uninhsblsbs and therefore incs
paoe OF being lesaly possessed or held by any
dOn they aud toei contents must ba considered the
common properly of all. Or it, unprotected by ths
presence Of Peruvian authorizes and without actual
posse. sion their has been by Peru abandoned
conceded without limitation OF time citizens Of the
nited States for long period. yielded Ia
duence al the of this Government, or liz
agents, then sxcu.vs osn-rship can be pretended
a. US sin,t the United States at least
nder AL the circumstances, the President thinks 1t
mott adys able that full instructions on tns subject
should be- dispatched To the charge Affairs OF the
ned States a. Lima and that proper orders should be
given the naval forces of the Uned States In that
quarter To prevent collision until further examination Of
the Nocounten will be given to the authors
of ,uch enterprises claiming 10 be citizens ~ ihe United
States who may undertake u defend themselves or
their vessels by force In the prosecution of any com
mercal enterprises to these Islands Such acts would
be acts of private war, and their authors would there
10y ju,ty forfeit the protection OF their own Govern
pent
The undersigned svslls himself of this occasion b
offer 10 Mr. Osma ne~ed assurance of his very high
consideration. DANIEL WEBSTER.
To Senior Don Juan de Osms, &c.