New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-08-19
DEPARTMENT OF STATE.

Washington June ), 1852
CAPT. Jas C. JeUW, Muster Of lie bank Phiomeia-Sir:
have to acknowledge the receipt of your letter of the %
instant nquring whether citizens of the United States
take guano from the Lobos Islands which situated
the cuast of Peru without infringing upon the rights
OF the citizens or subjects government of any other
nation. In reply have inform you that if those
islands should lie within the distance of marine league
from the continent being further than that distance
should have been discovered occupied by Spain by
Peru the Peruvian Government would have right to
exclude therefrom the vessels and citizens of other
nations, except upon such conditions as it may think
proper to prescribe
There can be no doubt that the title of Peru to the
Chincha Islands whence guano is chiefly taken is
founded upon the basis of discovery and occupancy That
article taken from those islands, and used manure
by the Peruyans anterior the conquest of Peru by
Spain 1t continued to be taken and used throughout
the Spanish dominions in that country and this practice
has been kept up to the present day.
Although those islands uninhabtabe, the custom
of resorting to them from the neghborng continent for
the purpose of procuring be said to have
stuted such occupancy of them to give the
reign of the continent right of dominion them
under the law of nations This department, however is
not that the Lobos Islands either dscoyeredo
occupied by SPAIN or by Peru that the guano them
has been used for the adjacent coast
elsewhere 1t is certain that the distance from the
tnent is five six times greater than is necessary to
make them dependency thereof pursuant to public law
On the other hand it is quite probable that Benjamin
Morre Jr who master of the schooner Wasp of New
York visited those islands in September 1928 may justly
claim TO have been their dscoverer He gives full
count of them in his narrative published in NewYok in
1892 Under these circumstances ii may be considered
the duty of this Government to protect citizens of the
United States who may visit the Lobos Islands for the
purpose of obtaining guano This duty will be ap-
parent when is considered that the of Chin
cha Island guano in this country might probably obtain
it for half the price they pay it not for the
charges of the Peruvian Government. shall conse-
queny communicate copy of this letter to the Secre
tary of the Navy and suggest that vessel of be
dered to repair the Lobos Islands, for the purpose of
protecting from molesaton any of citizens who may
wish to take guano from them.
am, sir, very respectfully, your ohedient servant,
(Signed) DANIEL. WEBSTER.
II
not be made public at present
In consequence of this opinion the Secretary of the
Navy recently directed Commodore McAuley of the Pa
cifc squadron to send vessel to those islands
protect the interests of American citizens who might be
there The Government of Peru has lately however en-
deayored to give proof to the United States oyernasst
that they have exercised long since rights of ownership
of the Lohos Islands. thus changing the whole aspect
the case and showing that MIR Wrbsers opinion not
correct The President has yet sent reply to the
Senate's call.