The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-25

we're the sole or principal object Of the decree and the
agent Of the United States formally against
that decree how the Subsequent conduct Of Peru and
really supposed herself possessed Of absolute sovereignty
those islands. She certainly made NO attempt 70 en-
force that decree against vessels or citizens 0, tne
States but suffered things TO go on as they nAo on
The undersigned has thus far spoken Of the actual
facts and continued ussge which no supposes 70
the lust consideration OF this case. .
Mr. osma in his recent communication, refers 70 Tue
authority cf Alcedo to prove that those ISLANDS are
within the sovereignty Of Peru and have always been so
considered
In the decision of question purely geographical re
lstipp 10 any part the American hemisphere ana epe
cialy TO formerly under the dominion OF spain the
nowieoges that Acedo is entitled TO al
most implicit confidence but in the passages 70 wn,cn
Mr. Osma refers. he was speaking merely
lie not discussing any question OF r'gnt rounded
either discovery or any other poticai con-
alteration; and as Mr. osma says that great geogra-
pber in speaking Of the Lobos Islands words plain
iy by implication assigning to Spain the sovereignty
those islands this may be ascrbed to his loyalty as
a Spa nsh subject aud officer in the kings service
sentiment which would not allow him to entertain
of the right Of his sovereign to regions which
he might claim by whatever title Acedo therefore,
describes the Lobos Islands belonging to the coast
particular province Of Peru The fact that they
island however leaves the question open as to the
distance between them and the coast OF Peru and he
to have taken II for granted that because they
happened 10 be nearest to thes province OF Sana they
were necessarily included within the limits of that
iDce; proposition which cannot be supported.
In this case therefore the authority OF Accdo cannot
be regarded decisive In order that il should be 20
considered the undersigned must be informed what acts
Of jurisdiction his Catholic Majesty exercised over those
islands The occasional visits Of Indians from the neigh
boring continent to which Mi osma refers cannot be
said 10 have impaired the sovereign OF SPAIN or the
government Of Peru good title to those islands
as the habtua hrher of the vessels of the United
States long and unintorrupedy continued for the
of capturing seals their shores and whales in
the adjacent would give TO the United States
The of these islands by the Peruvian Indians for the
half, tua Antt11t Imam afIy
the citizens of the United States and upon the ground
of Mr. osmas argument better title could be asserted
by possession the part of the United States than
could be maintained by Peru.
The undersigned freely admit that acts of the Peruvian
government founded supposed rights, when not OBJ
jected to, fit to be regarded having more less
weight the question of right, far as that right de-
ponds upon possession. IT. therefore it be asked why
this government did not also protest against the Peru
Wan DEGREES of the Dist of March and 10th Of May 1S42
by the 18th article ofhe former and the Sd of the latter
of which the penalty Of conscaton denounced against
any national foreign vessel which shall anchor at or
approach the islands or places in which there may be
guano without the usual license from the authorities
empowered to issue the same it may he answered that
the very existence of those DEGREES not known to
this government until they appeared In the British
Parliamentary documents ON the subject Of the Lobos
Islands presented to the House Of Commons the 14th
of May last There is nothing which the undersigned
find in the dispatches OF the Charge Aarcs of the
United States at Lima to show that the DEGREES
communicated to known to him. II these DEGREES had
been known here at earlier date they would have
ceiyed the attention Of this government.
the law of proximity, the question will appear to be free
of doubt. The well settled rule of modern public law
on this point is that the right Of jurisdiction Of any
nation whose territories mayborder on the sea- extends
to the distance Of cannon shot three marine miles,
from the shore this being the supposed limit to which
defence Of the coast from the land ITSELF can be ex.
tended.
The whole discussion therefore must turn upon this
viz the Lobos Islands lying in the open ocean, SO far
from any continental possessions of Peru not to be-
long TO that country by the Law Of proximity or ada
cent position has the government Of that country exer
ownership over them give to her right to their
elusive possession. as against the United States and
their citizens by the law of indputable possession
And the undersigned repeats that this is not question
between Peru aud other governments, who may have
more or less distinctly admitted her right but is
question between Peru and the United States who have
so long exercised that right and demonstrated against
its interruption.
The government of the United States however is pre-
pared TO give due consideration to all facts tending to
show possession occupancy Of the Lobos Islands by
Peru and not inclined to stop preclude discussion
until the whole matter shall be thoroughly Investigated
If there any facts Of arguments which have not been
brought to its consideration they shall receive the most
respectful and friendly attention II it shall turn out
that has been intimated above those island
inhabited and uninhabitable and therefore incapable Of
being legally possessed held by any nation they
and their contents must be considered the common
property Of all Or If unprotected by the presence Of
Peruvian authorities and without actual possession their
has been by Peru abandoned conceded without
limitation of time to citizens of the United States for
long period yielded in consequence the remontance
OF this or its agents then no exclusive own
erhp be pretended against the United States at
least.
Under all the circumstances the President thinks 1t
most advisable that full Instructions this subject
should be dispatched to the Charge d'Afares of the
United States at Lima and that proper orders should be
given to the naval forces OF the United States in that
luaer to prevent collision until further examination of
the No counenance will be given TO the authors
of such enterprises claiming to be citizens Of the United
States who may undertake TO defend themselves their
vessels by force in the prosecution Of any commercial
enterprises to these Islands Such acts would be acts Of
private and their authors would thereby justly for
felt the protection of their own government
The undersigned avas himself of this occasion to offer
to Mr.. 0sma renewed Of his very high
sideration. DANIEL WEBS FER.
To SxSoR Don JuAS DE 0sMA, &c.