Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-06-28
THEIsLAND oFs4NrA Cruz

In the Senate Monday, communication WA
received from the Secretary ofthe Interior in re-
ply to resolution of the lth instant. calling 70,
information as to whether any portion ofthe pub.
lie domain on the Island of Santa Cruz, in the
State of California, had been leased to any per-
son, and if so to furnish copy of the ense togeth
or with any legal opinion that may have been
given on the subject. The Secretary communi-
Gates copy of the lease, and says:
II have the honor to state that, according to au-
thentic maps and charts of the Pacific coast, there
are number of islands in the Pacific ocean off
the coast ofthat portion of Upper California which
was acquired by the United States in virtue of
the treaty with the Republic of Mexico. concu-
ded at Guadalupe Hdalgo the end of Februa-
ry, lS48 that nearly due south of the town of
Santa Barbara, and about twenty-five miles dis
tant from the coast, there is known by the
name OF Santa Cruz. Some weeks ago Mr. Alex
ander g. Abel, of San Francisco, applied to me
for lease of this Island Lat once informed him
That, as Congress alone has the power TO dispose
OF the public domain, | did not conceive that
was authorized to make a lease of any portion of
1t which would interfere in any way with the free
exercise ofthat power, and therefore declined ac-
cedlng to his proposition
Upon further examination and reflection, how
arrangement with Mr.. Abel which, whilst it
tends to promote the public interest, is not many
Judgment obnoxious to the objection of interfer-
ence with the appropriate powers and duties of
Congress.
1.-The treaty of Guadalupe Hidalgo is silent in
regard to the islands the coast of the territory
coded to the United States and there is no certain
ty that the island in question was ever in the ac-
tual occupation of Mexico. had no doubt. how
tbatth IN Init 4.
full title to the islands as incidents to the main
land by virtue of a treaty above referred to. But
experimenting from the remoteness of this par
tlcuar island from the coast, and from the fact
that it is we'll supplied with wood and water, and
Is said to possess good harbor, that it might be
object of interest to citizens of other countries
or to adventures from own, who might create
embarrassments by setting up conflicting claims
of jurisdiction and title, | deemed it prudent to
to cause actual possession of it to be taken
for and on behalf of the United States For this
purpose | entered into an agreement with Mr.
Abel, a copy of which is herewith communicated
to the Senate. From an inspection of this agree
ment it will be that it authorizes Mr.. Abel
to take possession of the island in the and be-
half ofthe U. States; and to hold and enjoy it for
one year. subject, however, to the power of Con-
gress, at any moment to annul the contract with
out the consent of MIR. Abel. 1t will be seen
that, although the form of lease was adopted
great care was taken to keep from interfering
with the right of Congress at any time to exer-
else complete control overthe whole subject, and
that form adopted because, from the establish
ed principles regulating the relation oftenant and
landlord, Mr.. Abel and all claiming under him,
would be precluded from setting up any claim of
title adverse to the United States.
II did not regard the subject of sufficient i'm
portance to call for the opinion of the Attorney
General as to the extent of my authority in the
premises though mentioned the subject to him
orally; and acted from a conviction that was do
ing what would very probably avoid many en-
barrassng disputes in the future, and could be OBJ
noxious to no valid objection, though it may pos
sibly disappont the cupidity of adventurous spec
uators.
81 have the honor to be, sir, very respectfully,
your obedient servant,
ALEX. H. H. STUART,
Secretary"