The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-25
TINE LOBos ISLAND CONTROVERSY.
Impextant Letter from secretary Webster.
The following letter among other correspondence rela
ve to the sovereignty of the Lobos Islands was trans
ttcd TO the United States Senate, BY the President
Monday last

The following letter among other Correspondence rea
ve to the sovereignty of the Lobos Islands was trans
nted to the United States Senate By the President on
Monday last
wAsHrroros. August 81. 1852
undersigned Secretary of State of the United States
has the the receipt the
communications OF Mr Osma Charge dAaires OF Peru.
OF the 18th June Sd July and the 9th instant The first
mentioned Of these communication however, did
to his knowledge until the 9th Of July after he had
leit Washington Tor ,hort absence lie very much re-
CRETE that circumstances have prevented earlier
swer to these several communications but they all
relate to the same subject all will now receive com
In the first place. the undersigned viii remark to Mr
oa that tn of the United States has not
now ever has bad any intention TO aclta the par
cuai purposes 81 any persons such Mr. 0sna calls
speculators futh,r than those purposes are conorna
BILE TO public law well as TO the laws oil the United
States THIS government knows companies
eociations dnls in whose behalf II under
takes any specal protection The question Is general
one 10 which ali citizens of the United States
gagged in have interest ANA that interest
equally respected by the United States regardless Of ind-
In the next place the undersigned expresses the hope
that il Mr. osma's purpose by any expression in
his note OF the 9th instant ntimation that
the proceedings Of this in regard TO the sub
ec have been infu. need in the slightest degree by any
conviction of the relative strength weakness Of the
ties. Such an Dtma'on If intended TO be made would
require refu'aton since all the world knows the man
ner In which the republics OF south America formed out
Of the ancient Of Spain have been treated by
this from their earliest origin to the present
day.
The undersigned Will make a further remark to pre-
vent mistake misunderstanding, upon Mr. Osma's
observation upon between him and the
undersigned in the Department of StRe, the ID Of
July and that is that the supposed discovery Of Captain
Morrel menoneo in that conversation was not relied
upon by the signed founding an exclusive right
to the Bobos land the part Of the United States 1t
was only mentioned as fact fit to be considered in com.
with other facts and The truth ap-
pears to be that Captain Morrel voyage of dis
covery and did in fact discover or was supposed to
have discovered, guano on these islands
1t certain that book generally known and crcu
lsedn this country mentioned the fact Of the existence
tba.a mt attva
published in 1882
After these preliminary remarks the undersigned
proceeds the consideration of the main subject In his
several communications Mr 0sma asserts the right Of
Peru the Lobos Islands the ground that she has
to Peru as they formerly belonged to spain and that
from time mmemorial the Peruvian Indians have been
in the habit Of visiting them for the purpose Of catching
seals killing birds and gathering eggs, and that this
cuisive right to the islands by Peru has never been
doubted disputed
The question is are these unqualified declarations of
hr Osma strictly accurate? The Lobos Seal Islands,
as their name imports lie in the open Pacific ocean, the
the nearest them twenty thirty miles from the
OF Peru They are as Mr. Osma admits mere barren
rocks in the sea, uninhabed and unnhabitable. Fhe
res, and the pursuit Of amphbous animals especially
the SEAL have long been carried around their shores
and those shores themselves Since it is we'll
known that seals usually taken and killed upon the
land In these pursuits and in this of the islands
citizens of the United engaged half GEN.
Peruvian government or any body else; their visits to
them having commenced at least as early as 1898. All
this is well known to the commercial world Now it
sovereignty over these islands this fishing near
the shore and this pursuit and killing Of am
phibious animals upon the land was as much
an invasion Of that sovereignty Is the taking of
from them now Nor was the case SO unimportant as
that Peru might have regarded this use Of the Islands by
citizens of the United States indulgence merely
supposng her to possess the exclusive right since the
pursuit and destruction Of seals which have last
minated in their almost entire disappearance must have
been matter Of much Importance 70 her government
Nevertheless. complaint made Of this Of
things any INTERRUPTION attempted Threatened
til September 1888 III which month would now ap-
prohibiting foreigner fishing and amphib
GUS animals On the she and islands of Peru and de.
caring that the captains Of foreign vessels who e,aded
the order should be considered smugglers 1t is i'm
poant observe that this decree issued after the
publication Of Captain Morrells narrative.
This decree sudden and unexpected and therefore,
the Charge dAfairs Of the United States at Lima
rom his own government. He Immediately addressed
note the subject to the Minister Of Foreign Relations
of Peru in which without formally denying the original
right Of Peru, he requested reconsideration of the de-
that ii might be far modified to permit to
the citizens of the United States the pursuit
patton which they had been allowed quietly to follow
number of and adding that the decree could
but be rsgaIdcd as 1nrsndy to the Of the
reply made to this remonstrance audit
certain that the citizens of the United States
tDued to pursue their usual ayocations without inter
rUption notwithstanding this decree If such inter.
ruption had been made by the Peruvian authorities it
would AZ once have brought the question Of the
regnty of Peru the Lobos Islands the attention
Of this government happened few years before In the
Of the right of the government the Argentine
Confederation to claim sovereignty 1.-THE Falkland
Islands il true that the decree Of 1888 makes parti
cular mention Of the Lobos Islands but il is directed
Morally against hng the coasts and islands Of Peru
Nevertheless this cannot be regarded affecting the
general right of citizens Of the United States founded on
long and undisputed usage.
Here then is formal remembrance on the part of the
United States against the asserted sovereignty of Peru
the Lobos Islands to which answer so far it
appears, was given intimation made that not
tbstspdpg this IemonstIance the decree would be en-
forced II Is quite evident that although the decree
general in its terms it intended to be leyeled epe.
ciay against citizens of the United States the
onfo lypAr
BILE extent in the fisheries which prohibited Can
Mr. osma's therefore be maintained in which
he asserts the universal and absolute sovereignty of Peru
to have been denied questioned by any
ment And if Peru has suffered these barren to
be visited and used by citizens OF the United States for
long of time and for all the purposes for which
they known to be valuable j. the altered when
they found capable Of use is not the natural
inference either that Peru claimed any exclusive
right the islands that If such claim had been
made by any formal official act Of the government
such claim had been abandoned at least citizens
Of the United States were concerned
Mr. 0sma refers to decision Of the English govern
ment and observes that both the mercantile and agr
cultural Glasses in the British empire have strong inter
est adverse to the claim Of Peru the British
mept has decided in favor Of that claim that decision
must be ascrbed to considerations sufficient outweigh
regard the interests British shipow-
But the two cases may justly be considered
sentially different When the decree Of 1888 appeared
Mr. Wilson the British Consul General at Lima
muncston to his government, said -: For many years
British vessel has been- engaged in this fishery but
great abuses have been committed by American vesses
and the Afterwards writing the subject of the
seizure the British schooner Campeadora for killing
seals at the Lobos Islands he admitted the right Of Peru
to those snde At the time he adds Lord James
Townsbend the commander of his Maestys naval forces
in the Pacific takes different view OF the question: and
he himself tod that he considered that his Maestys
subjects had positive right Of fishery all these
Islands unless they should be actually occupied by
Peruvian authority or protected by the constant pre-
eence Of Peruvian Of 10 warn off vessels
1t will be borne in mind that when the of the
Csmpeedora occurred the use and perhaps the
Tue Of guano q manure unknown In England Be-
fore that decided however the British govern
ment be said to have been rrevocaby committed to
acknowledgment of the right Of Peru to the Lobos
Islands by their acquescence In the opinion expressed
by MI Wilson their diplomatic agent the to
that communication from the Foreign Office that
answer under date Both August 1884 Lord Pslmerston
said 1t would therefore appear that the Peruvian
government have light to prohibit foreign from
2.l-i- lalaI