The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-25

ment yielded the point precisely because it had
such ground to stand ON in behalf Of its own sub
jects as the Government OF the United States does
possess, and may well stand on. In behalf OF ils
own citizens. And 1t may be regarded az a ques-
ton still open in England down 10 last year; TOR
on the 10th of May OF that year Lord Stanley, I'm
der Secretary OF State for Foreign Affairs, In an
swcr to a letter from Mr. Wentworth Butler, says:
al am to state to you in reply whether the Islands
| of Lobos Afucre and Lobos dc TERRA belong of
| right TO Peru, Or are claimed by Peru as depen-
denotes. His lordship does not find In the Peru
Wan constitution, published after Peru had scpa-
rated itself from Spain. any mention of those
islands as being dependencies OF Peru; but 1t ap-
| pears to Lord Palmerston that their proximity TO
Peru would give to that State primo tacis claim
| to them" ...,.
Now, it 10 certain that the fact does not, under
the rule Of public law, bear out this last observa-
ton Of Lord Palmcrston, because the distance
from the shore Of all these islands ID five or six
times greater than the three marine miles extend.
| 1t may be here added that il is well understood
that powerful class Of British subjects, distinct
from those OF merchants and farmers, has vital
interest III maintaining the regulations Tor the ex
port OF guano from Peru upon their present foot
| ing. 1t may not be entirely satisfactory, there
fore, to take the OF the Campeadora or that OF
| the Hibernia, which afterwards occurred, alone
into consideration, in endeavoring to account for
| the policy which the British Government has
thought proper to adopt in regard to this subject
| However this may be, IL ia quite clear that the
|
| fcrcnt, for the reasons already stated. As has
| been shown, the representative oil tho American
| Government in Peru demonstrated against the ID
suing OF the decree Of 1888 AND ia a.consldera.
| ton of very great weight in this case that the
main objccto of that decree 1t fully appears. was
| to drive off from the coasts and islands OF Peru,
incl dng Of course those Of Lobos, the fishing
/ sells of the United States. Now, if such were the
sole or principal object of the decree, and the
agent Of the United States formally demonstrated
against that decree, how 10 the subsequent conduct
Of Peru and her entire silence to be reconcied with
the idea that she really supposed herself possessed
| of absolute sovereignty over those islands! She
| certainly made no attempt to enforce that decree
against vessels citizens Of the United States but
suffered things to go on as they had gone on
| through a long course of years. s1 49,.
| The undersigned has thus far spoken OF tho &C
| tual facts and continued usage which he supposes
| to belong TO the just consideration Of this case
| Mr.. Osma, in his recent communication, refers
to the authority of Acedo prove that those isands
arc within the sovereignty oil Peru and have always
| been considered. go. e.. .sr.-..... ...rel 49,.
In the decision Of question purely geographic
sphere, and especially to that formerly under the
dominion ofSpain, the undersigned acknowledges
that Alcedo is entitled to almost implicit conii-
dence; but the passages to which Mr.. Osma re
fers he was speaking merely geographically. he
was not discussing any question OF right iounded
either discovery usage, any other political
consideration; and il, as Mr.. Osmn says that great
geographer, in speaking OF the Lobos Islands, uses
words plainly, or by implication, assigning to
Spain the sovereignty over those isands, this may
be ascribed to his loyalty as Spanish aub]ect ana
an officer in the kings service; q sentiment winch
| would not allow him to entertain doubt OF the
| right of his sovereign to any regions which he
might claim, by whatever title. Alcedo, there
fore, describes the Lobos Islands as belonging to
| the coast, and to particular province OF Peru.
The fact that they are islands however, leaves the
question open as to the distance between them and
the coast Of Peru and he seems to have taken it Tor
granted, that because they happened to be nearest
=. H. Co. In in
cluded within the limits Of that province; proPo-
sition which cannot be supported S.-,N
In this case, therefore, the authority OF Alcedo
cannot be regarded as decisive. In order that II
should be 30 considered, tho undersigned must be
informed what acts of jurisdiction his Catholic ma.
jesy exercised over those islands. The occasional
visits of Indians from the neighboring continent,
to which MIR. Osmn refers, cannot be said to have
impaired to the sovereign Of Spain, or The govern
meut of Peru even, good q title to those islands
the habitual resort thther of the vessels OF the
United States, 30 long and unintcrruptedly con-
tnued for the purpose Of capturing seals on their
shores, and whales in the adjacent ocean, would
give to the United States. The use OF these islands
by the Peruvian Indiana for the last half century
has no doubt been vastly less than by the citizens
of the United States; and, upon tho ground Of Mr.
Osma's argument, better title could be asserted
by possession the part of the United States than
could be maintained by Peru. -
i The undersigned freely admits that acts OF the
Peruvian government, founded on supposed rights
when not objected to, fit to be regarded as hay
ing more or less weight on the question of right
SO far as that right depends upon possession. II
thercf fore, it be asked why this Government did
also protest against the Peruvian DEGREES OF the
2lst OF March and 10th of May, 1912. by the 18th
article of the former, and tho Sd OF the latter, o
which the penalty OF confiscation Is denounced 9
against any national or foreign vessel which shall
anchor at or approach the slands or places III which
there may be guano, without the usual license
from the authorities empowered to issue the same
it may be answered that the very existence OF those
W Government
they appeared in the British Parliamentary docu-
ments the subject of the Lobos Islands, present
ed to the House Of Commons on the l4th OF May
last. There ia nothing which the undersigned can
find il the dispatches Of the Charge d'Afaires oil
the United States at Lima to show that the DEGREES
were communicated TO or known to him. II these
DEGREES had been known here at an earlier date
they would have received the attention Of this
Government.
AS to the claim of Peru to those islands, founded
on the law Of proximity, the question will appear
to be free of doubt. The well settled rulc OF mod
ern public law on this point is, that the right Of
jurisdiction Of any nation whose territories may
i border the extends to the distance Of can
non shot or three marine miles from the shorethi,
being the supposed limit to which defence Of the
coast from the land itself can be extended.
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 as not to belong to that country by the law
of proximity adjacent position, has the govern
ment that country exercised such uncquivocal acts
of absolute sovereignty and ownership over them
as to give to her right to their exclusive possess
sion, as against the United States and their czens
by the law of indisputable possession? And the
undersigned repeats that this ia not question be-
tween Peru and other governments, who may have
more !css distinctly admitted her right, but ii
is question between Peru and the United States,
who have 30 long exercised that right, and rcnon-
strated against its interruption.
The Government Of the United Stntes, however
is prepared to give duo consideration to all facts
tending to show possession occupancy u the
Lobos Islands by Peru, and is not inclined to STOP
or preclude discussion until the whole matter shall
be thoroughly investigated II there are any facts
or arguments which have not been brought TO itt
consideration they shall receive the most respect
full and friendly attention. If it shall turn out
that, has been intmatcd above, those Islands arc
, uninhabitcd and uninhabitabe, and therefore in
capable of being legally possessed or held by any
one nation, they and their contents must be con
sidered as the common property of all Or, i
unprotected by the presence OF Peruvian authori
ties and without actual possession, their use ha
been by Peru abandoned or conceded, withou
Limitation Of time, to citizens of the United States
for long period or yielded in consequence of tn,