Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-08-31

1t Is clear, therefore, That the British C,vs,,ns,t
the point precisely because had such ground In sand
in b-alf vi lis subjects the Govcrnmen, f ha lii
tci States does and may well stand on in b.h,
It's own crzens And II may be regarded question st
open In England down 10 last year for the 10Th Of Mn
oi thai year, Lord Stanley Under Secretary of State 10
rortl9n Affairs in answc! eer from Mr.. Wentwort
bnIT says: II am To state TO you in reply whether III
Islands n L1b"s Aucra nnd Lobos de TERRA belong a
To Peru, cimsd By Peru us dependencies H lord
s' "as not find in the Peruvian Copstiu on published a
,r ieru had separated eelt from Spain, any mention
'>s l,hnns ga being dependencies OF Peru; but appear
Lord f-mcrston that their proximity Peru would civ
tint State prtma jacie claim them.
N II certain that the fact does not under the rule
puac ia" bear out this last observation Of Lord Palmer
ston because the distance from Of all these island
IS se or six times greater than The three marine miles
tend II may be here added is well understood ha
powerful! class OF British Subjects distinct from, those
merchants and farmers has vital interest in maintaining
e regulations Tor the export Of guano from Peru upon he
present ooilg IL be entirely satisfactory there
lore TO take the case of the Campeadora or that of The Hi
oerha which afterwards occurred alone into consideration
III cndeavorlna TO for the policy which the British
mas thought adopt regard to this
subject However this may be- il is quite clear that the Eng
s case and Inc American quite different for the
reasons already stated AS has been shown the
i've Ut the American Government. in Peru rem nsa
against Issuing The decree of 1888 AID is consideration
OF very weight this the main object of ha
decree Gs II ully appears, 10 drive off from The coasts
and islands OF Peru including of those LoSos The
lshing vessels Of the United Staes Now if such were the
l: or principal object Of The decree and the agent OF the
United States formerly demonstrated against Decree
40" Is The subsequent conduct Of Peru and her entire 81
renee 10 De reconced with the idea she really supposed
sc possessed OF absolute sovereignty those islands
oe certainly made attempt enforce that decree apajn
vessels or Citizens Of the United States bur suffered things
10 20 they had gone ON trouoh no,, cnnraa =,
years 20 ~ "
The undersigned has thus FAR spoken of the actual facts
and continued usages which he supposas 10 bcIng 70 ih
just cons Iteration Of this case. "
NJ Osma, IN his recent communication refers 10 the a
"y 0 Alcedo 10 prove that those island are within The
sovereignty of Peru, aud have always 50 considered
In the dicnn Of the question purely geographical rela
ting any of the American hemisphere and csoeciav
TO tut crmetly under Inc dominion of Spain the under
signed that Acedo titled 10 aInosi impl
cit confidence; but in the passages which Mr. Osnu re-
iers he was speaking merely geograp apicaIy He ao
dcussin. uny Question right founded rhcr on discovery
or usage "r any other political considerations and it,
sna says that great gepgaphe in speaking the Lobos
Islands, uses words llnly by mplicat assigning Ia
SPAN The sovereignty those lsluns this may be as
cIlbed 10 his loyalty Spanish subject and an officer in
the klngs service; sentiment which would not allow him
|" entertain duubt of the right OF hs sovereign any
regions "hch he might Claim by whatever title Acedo,
therefore, describes the Lobos Islands belonging lh
coast and 10 particular province Of Peru Tine fact that
they Islands however leaves QUE open as 10 the
distance between them and the VI Peru and he seems
TO have Iakcn for that they happened Ia
be nearest 10 the province of Sana they necessarily
cludrd within the limits Of that province; proposon
which cannot be supported.
In this case, therefore, the authority Of alcedo cannot be
regarded decisive In order that SO consider.
ed the undersigned must be informed what of ndic
lion his Catholic hnesty exercised those islands The
occasional visits OF Indians from the neghborng continent
10 "hch hr osna refers cannot be said u have impaired
10 the Sovereign Of Spain the Government of Peru even
good title 10 those Islands, the hubtsa thh
n the vessels OF the United States long and unin,erruu
edy continued for the purpose capturing seals ON their
shores and whales in the adjacent ocean, would give to The
unied States The Of these Islands By the Peruvian
indns for the Inst half century has doubt been vastly
less Than By The Zens OF the United States; upon IN.
ground of Mr Osmas argument better title could be as
part uf the United States thar
could be msintalnrd by Peru.
The undersigned freely admits that act. OF the Peruvian
Government founded supposed rights when object
ed IT, fit In regarded having or less weight on
session IL therefore, be asked why this Government did
not also protest against The Peruvian iec,es Of The 2lst OF
March and 10Th OF May 1872 by the 18Th article of the for.
ef and III" - OF The latter, of which e penalty Of confs
aon Is @ a aHan hout RfI the usual cGse ION
The authorities empowered 10 Issue The same II may DC an
hl the very existence OF those DEGREES was noI
this Government until they appeared in the Br'-
sh Parliamentary documents the subject u[ The Lobos
,nd presented the House of Commons the l4tn OF
May There nothing which the undersigned can hnd
the dispatches OF the Chhlge d'Aflalre, Of the United
Lima show that the DEGREES were communicated
known him. If these DEGREES had been known here al
earlier date they would have received the attention ol
his Government. |,
As 10 the claim of Peru those Islands founded the
Of proximity, question will appear 10 De tree OF doubt
Tne we'll settled rule of modern public law on this point is
hat right of Jurisdiction Of nation whose territories
nay border the sea- extends TO the distance OF cannon
three marine miles from the Shore this being the sup
posed limit which defence of the coast from the land II
self can be extended (.
The whole discussion therefore, upon this, viz
he obas Islands lying in the open far from any
Continental possessions Of Peru belong 10 ha
country by the law of proximity adjacent position hns
Government of that country exercised such uncquvoca
c.s Of absolute sovereignty and ownership them as
rive her right their exclusive possession, against
he United States and their citizens by the law OF ndsputa
,r possession And tn, undersigned repeats that this
lot question between Peru and oher Governments who
nay have more distinctly admitted her right bu, It is
Tncs between Peru and the United States who have
long ,eciscd that right and demonstrated against lts IN
errurtina. :,
The Government OF the United States, however is pre-
due consideration To all facts tending 10 show
occupancy Of the LObos Islands by Peru and
inclined stop preclude discussion until the whole
shall thoroughly investigated Ii there arc any
or arguments Which have been brought 10 lis con-
drraon they shall receive the most respectful aud end
attention. I shall turn out that has been ntlnaed
bnve those IL nds uninabi'et and na5itabr, and
therefore, incapable Of being legally possessed or held b!
INV one nation they and their DC considered
IS tho common property Of all. o. IT, unprotected by The
presence Of Peruvian authorities and without actual
on their has been by Peru abandoned or conceded
without liHitaon of time, the citizens OF the u D. Tor
period yielded in o the TelunsraEct
this Governmental its agents then no exclusive owner
nip can BIZ pretended against the L. s. ct least -
Under all the circumstances the preshGnt thlnhs IL nos'
ivs4te that full instructions this subject should be des
,chcd 10 The Charge dAfIlrcs Of the United States al
ina and that proper orders shod be given 10 the naval
United States in that quarter 10 prevent COLT
ion until further examination Of the No counIenanc,
vii be given 10 Of such enterprisea claiming I"
u citizens of the United States who may undertake TO de
end themselves their vessels by force in the prosecution
# any commercial enterprises to these lsands SUCH acts
Jui of private and th- authors "ould 'iete
~ Justly forfeit The protection Of their Government
Tho avn- himself OF this to ol!er I"
r Osma renewed assurance his hiph consdcru
ion. DaNlEb NEDolC
IN Spsop DoS JrlS Oeha