The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-25
The. L0bOs Islands.
Mr.. Webster to snor don Juaa 9 d. osma.

.. u. q. .I
WAsHINaToS, August 81, 1852.
The undersigned. Secretary Of State of the
United States, has the honor TO acknowledge the
receipt OF the several communications of Mr.. o.
ma, Charge d'Affaircs OF Peru. Of the 25th June,
Sd July, and the 9th instant The first mentioned
OF these communications, however, did not come
to his knowledge until the 9th of July, after he
had left Washington for short absence. He very
much regrets that circumstances have prevented
an earlier answer to theSc several communica-
tone; but, as they all relate to the subject,
all will now receive a common reply. r.at
An the hrst place, the undersigned will remark
to Mr. Osha that the Government Of the United
states has not now, ever has had, any inten-
ton to facilitate the particular purposes of any
persons such as Mr.. Osma calls spectators, fur
ther than those purposes are conlOrmablc to public
law, as well as to the laws of the United States.
This Government knows Of no companies, no
sociations, and no individuals in whose behalf it
undertakes any special protection. The question
Is a general one, in which all the citizens of the
United States engaged in commerce have an in
terest, and that interest 10 equally respected by
the United States, regardless OF individuals
In the next place, the. undersigned expresses the
hope that it was not Mr.. Osma's purpose, by any
expression in his note of the 9th instant, convey
any intimation that the proceedings of this Gov
crnmont IN regard to the subject have been influ-
enced IN the sightcst degree by any conviction of
the relative strength weakness of the parties.
such an lntimoIion, II intended to be made, would
require no refutation, since all the world knows
the manner In which the republics Of South Anne
ca formed out oi the ancient possessions oil Spain,
have been treated by this Government from their
earliest origin to the present day. a,l,sl.5t;t8
The undersigned will make a further remark, TO
prevent mistake and misunderstanding upon Mr..
Osma's observation upon the conversation betwee
MIN and the undersigned, in the Department of
State, on the I'd Of July and that is, that the sup
posed discovery OF Captain Morre, mentioned in
that conversation, was not relied upon by the UNI
dersigned as founding an exclusive right to the
LobOs Islands the part of the United States. 1t
was only mentioned as fact fit to be considered in
common with other facts and occurrences The
truth appears to be that Captain MorreI was on
voyage OF discovery, and did in fact discover,
was supposed to have discovered, guano on these
islands. sst.4uir... .e.R@@ 4a-aate'
circulated in this country mentioned the fact of the
existence of guano these islands until Captain
MorrelPs narrative was published in 1882.
After these preliminary remarks, the under
signed now proceeds to the consideration of the
main subject. In his several communications Mr..
Osma asserts the right of Peru to all the Lobos
Islands, on the ground that abe has always excr
cised authority over them; that they belong to-
Peru, as they formerly belonged to Spain; and
that from time immemorial the Peruvian Indians
have been in the habit of visiting them for the pur
pose OF catching seals, killing birds, and gathering
eggs, and that this exclusive right 10 the islands
by Peru has never been doubted or disputed.
The question ia, arc these unqualified declara
tons OF MIR. Osma strictly accurate? The Lobos,
or Seal Islands, as their name imports, lie in the
open Pacific ocean, the nearest of them twenty or
thirty miles from the coast Of Peru They are, as
Mr.. Osma admits, mere barren rocks in the sea,
uninhabited and uninhabitable. Fisheries, and
the pursuit OF amphibious animals, especially the
zeal, have long been carried around their shores,
and even on those shores themselves, since it ia
well known that seals are usually taken and killed
upon the land. In these pursuits, and in this use
OF the islands, citizens Of the United States
engaged for half a century before any actual in.
terruption took place by the Peruvian government
or anybody else; their visits to them having com
menced at least as early as 1893. All this is
n he cal
is quite certain That's If Peru held and possessed
full sovereignty over these islands, this fishing
near the shore, and this pursuit and killing oil
amphibious animals upon the land. was rs much
an invasion Of that sovereignty is the taking o!
guano from them now. Nor was the I'M
important as that Peru might have regarded this
use of the islands by citizens Of the United States
as an indulgence merely, supposing her to pos
sees the exclusive right, snce the pursuit and de-
struction of SEALS which have at last terminated in
their almost entire disappearance, must have been
matter OF much importance to her government.
Nevertheless. no complaint was made of this
course OF things, nor any interruption attempted
or threatened, until September, 1888, in which
month, as it would now appear, a decree was
Issued by the Peruvian government, prohibiting
foreigners from fishing for seals and nmphbioua
animals on the shores and islands of Peru and de-
claring that the captains Of foreign vessels who
cvaded the order should be considered as Snug
glers 1t is important to observe that this decree
was Issued after the publication Of Captain Nor
rell's narrative. >..'.s. ..ara@ .. -.
This decree was sudden and unexpected, and
therefore the Charge dAffaires o tho United States
at Lima was under the necessity of acting upon il
without orders from his own Government. He
Immediately addressed note on the subject to tho
Minister OF Foreign Relations OF Peru, in which,
without formally denying the original right of Pc
ru, he requested reconsideration Of the decree, or
that it might be SO far modified to permit to the
citzens OF the United States tho pursuit of
patton which they had been allowed quietly to fol
low for number of years, and adding that the
decree could not but DO regarded as unfriendly to
the Government of the United States. So far rs is
known to the undersigned, no answer or reply
was ever made to this rcmonstrance, and 1t 10 GER
tain that the citizens Of the United States continued
to pursue their usual avocations without Interrupt
zion Notwithstanding this decree If such an in
tcrruption had been made by the Peruvian authU-
rites, it would at once have brought the ques
ton Ut the sovereignty of Peru over the Lobos
Islands TO the attention of this Government, as
happened few years before in the of the right
Of the Government OF the Argentine Confederation
to claim sovereignty over the Falkland Islands.
1t is true that the decree Of 1888 makes particu
lar mention of the Lobos slands but il is directed
generally against fishing on the COASTS and islands
OF Peru Nevertheless this cannot be regarded rs
affecting the general right of citizens of tho United
States, founded on long and undsputcd usage
Here, then, is a formal rcmonstrance on the part
OF the United States against the asserted sovcr-
eighty Of Peru over the Lobos Islands, to which
answer, 80 for as it appears, was given, nor any
in,imation made, that notwithstanding this remon-
STRANGE the decree would be enforced. 1t is quite
terms, it was intended to be levelled especially
against citizens of the United States, as the sub
lects OF other countries did not parako to any con-
siderable extent In the fisheries which were pro-
hibited. Can MIR. Osma's averment, therefore, be
maintained, in which he asserts the universal and
absolute sovereignty Of Peru never to have been
denied or questioned by any government? And il
Peru has suffered these barren rocks to be visited
and used by citizens of the United States for long
course OF time, and for all the purposes for which
they were known to be valuable, is the altered
when they are found capable Of a new use? Is moi
the natural inference either that Peru mover claim
ed any exclusive right over the islands, or that j
such claim had been made by any formal or offlcia
act OF the government, such claim had been aban
dOncd mt least far citizens of the United States
were concerned. -.
Mr.. Osma refers to decision Of the English
government, and observes that as both the mcr
camille and agricultural classes in the Britsh en-
pirc have a strong interest adverse to the claim o.
Peru. If the Brish government has decided in IA
vor of that claim, that decision be ascibed tt
considerations sufficient to outweigh regard lol
the interests OF British farmers and shipowners
But the two cases may justly be considered es
scntially different. When the decree of 1893 nm