Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-09-01

Minister of the Republic OF Peru us W Inc so,T
reignty Of those Islands, sc. Habit been possible
for us TO obtain copies of all the papers commune
Gated by the President, 1T would nave peen OUT u
our power ut this moment to- md room ior ,heln;
but enabled 10 give at once the nun anu
mastery letter Of Mr.. Webster, which appears to
cover the whole question and all the matters in
controversy. So
DEPARTMENT OF STATE,
WASHINGTON, AuGUsr 81, 1852.
The undersigned, Secretary OF the u States,
i has the honor to Eac acknowledge the receipt Of the
= several communications of Mr. Osma, Charge d
AfIares of Peru of the 25th June Sd July, and the
9th inst. The aforementioned OF these communion
tons however, di, not come to his knowledge I'M
til the 9th ofJuly, after he had lett w asngton iof
short absence. He very much regrets that CIR
cunstanccs have prevented an earlier answer to
these several communications; but, as lhey al re-
late to the same subject all will now receive a
common reply. ..55s- l.r "a. pa ia,, II
In the first place, the, undersigned Will remark
4 to Mr.. Osma that the Government OF the u States
has not now nor ever mas had, any
facilitate the particular purposes of any such as MI.
Osma callsspeculatorS, further than those purposes
are confurmable pnblic law, as well as 10 Inc
1 laws of the United States. This Government
4 knows of no companies, no associations anu lo
individuals in whose behalf it undertakes any spe-
cal protection. The question IS general one Ill
which all the citizens of the United States engaged
in commerce have an interest, and that lhlefeSt Is
equaly respected by the United States regardless
of individuals. .. SD f=.I .sfi. IsE.sl-. ,
In the next place, the undersigned expresses the
hone that it was not Mr.. Osna's purpose, by any
expression Of his note of the 9th ins to convey any
intimation that the proceedings OF TINS dofcfngh1
in regard to the subject have been influenced IN the
slightest degree by any conviction oil the relative
strength weakness OF the parties. Such an llti-
/ nation if intended TO be made, would require no
refutation, since all the world knows the lnahhe,
in which the Republics of South America, formed
out Of the ancient possessions of Spain, have been
treated by this Government from their earliest orr
gin to the present day. s. o..
The undersigned will make further remark, to
prevent mistake and misunderstanding upon Ar.
Osma's observation upon the conversation between
him and the undersigned, i'll the Department Oh
State, on the ID of Juy; and that is that the sup
posed discovery of Captain Morrcll' mentioned Ill
that conversation not relied upon by the undcr-
signed rs founding an exclusive right 10 the LoeoS
Islands on the part of the United States. 1t was
only mt ntioned rs fact fit to be considered IN
common with other facts ana occurrences. Inc
truth appears to be that Captain Morreli was on
VOYAGE of discovery and did in fact discover, or
was supposed TO have discovered, guano on these
Islands. .gl...,.5.. ....JuIl.t
ltIs certain that no book generally known and
circulated in this country mentioned the tact OF the
existence OF guano on these islands until captain
MorreifS narrative was publlshedln 1857. =
After these preliminary remarks, the undersigned
now proceeds to the consideration oil the mann sub
ject. In his several communications Mr. OSina
asserts the right OF Peru to all the Lobos islands
on the ground that she has always exercised author
ity them; that they belong TO Peru, as they Tor
merly belonged to Spain; and that from time imiic-
norial the Peruvian Indians have been IN the hadn't
of visiting them for the purpose OF catching seals
killing birds, and gathering eggs, and that this en-
elusive right to the islands OF Peru has never been
doubted or disputed. Dbl. 81 oa I,..
The question is: Are these unqualified declara
tons of AIR. OSna strictly accuratef The LoboS or
Seal Islands, rs their names imports, lie i'll the
|opcn Pacific ocean, the nearest OF them twenty or
thirty miles from the coast of Peru. They are, as
Mr. Osna admits mere barren roc ks in the sea, I'M
inhabited and uninhabltable. Fisheries and the
pursuit of amphbious animals, especially the seal,
have long been carried on around ther shores, and
even on those shores themselves since 1t is well
know that seals usually taken aud killed upon
the land. In these pursuits and IN tins use OF the
islands, citizens of the United States were engaged
for half century before any actual interruption
took place by the Peruvian Government or any
body else; their visits to them having commenced
at least US early 1898, All this is well know 10
the commercial world Now, it is quite certain
that If Peru held and possessed full sovereignty
over these islands, this fishing near the Shore aud
this pursuit and killing of anphibious animals upon
the land, was as much an INVASION OF that Sove
rcignty is the taking OF guano from them now.
Nor was the case unlmportant as that Peru might
have regarded this OF the islands by citizens OF
the United States indulgence merely, sup
posing her TO possess the exclusive right since the
pursuit and destruction Of seals, which have at
last terminated i'll their almost entire disappear
alce lnnst have been matter much Importance
TO her Government. Nevertheless, no complaint
was made OF this course of things, nor any inter
irupon attempted or threatened until September
1888, i'll which month, as it would now appear. u
decree was issued by the Peruvian Government,
prohibiting foreigners from fishing Tor seals and
ampbbouS animals on the shores OF the Islands OF
| Peru, and declaring that the captains of foreign
vessels who cvadcd the order should be considered
as snugelerS. 1t is important to observe that this
decree was issued after the publication of Captain
AiorrcPS narrative. a..
| This decree wass sudden and expected, and There
fore the Charge d. Affairs of the United States at
Lima was under the necessity OF acting upon 1t
without orders from his own Government lie I'M
Ilnediately addressed note on the subject to the
Minister of Foreign Relations of Peru, in which,
without formerly denying the original right of
Peru he requested reconsideration OF the decree
or that it might be SO far modified as to permit TO the
citizens of the United States the pursuit Of an oc
cupaion which they had been allowed quietly to
follow for number OF years, and adding that the
decree could not but be regarded as unfrcndly to
the Government of the United States. far as is
known to the undersigned, no answer or reply was
eycy made to this renlonstrance, and 1t is certain
that the citizens of the United States continued to
pursne their usual ayocahons without interruption,
Notwithstanding this decree. II such an INTERRUPT
ton had been made by the Peruvian authorities, ii
| would at once have brought the question of the
sovereignty of Peru over the Lobos islands to the
attention of the Government, as happened a lew
years before in the case OF the right OF the Govern
1 mett of the Argentine Confederation to claim Sove-
reignty over the Falkland islands. 1t is true that
the decree of 1898 makes no particular mention OF
the Lobos islands, but it is directed generally a
gainst fishing on the coasts and islands OF Peru
Nevertheless, this cannot be regarded as affecting
the general right of citizens of the United States
founded on long and undispued usage ,rau. '
Here then is formal remonstrance on the part
of the United States against the asserted sove-
reignty of Peru over the Lobos islands, to which
no answer SO far as it appears, given, any
intimation made that, notwithstanding this re-
monstrance, the decree would be- enforced. 1t is
quite evident that, although the decree is general
in its terms it was intended TO be levelled espe-
cially against citizens of the United States the
subjects of other countries did not partake to any
considerable extent, in the fisheries which were