The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-23
THE BIRD OR GUANO ISLANDS.


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ssasemcnt oTthe Case OF the American Settlers
Against the Government OF venexueia.
Bosros, May IA, 1885,
ION W. l. MARCY, SECRETARY OF STATE
ssR-lnsomueh as we remain entirely unacquainted In
respect to any decisive action having been taken by the
executive branch of federal government OF the Untei
States towards obtaining just and speedy repsraton
nom the State of Venezuela for the wrong and injuries
received by from its authorities, deem it Inn
soper to again solicit your early attention. and through
you the notice Of his Exceency President PIERCE the
facts and principles of international Law and justice
upen which clam for full indemnity, and for escsu
nj measures need be- by force to obtain that redyess
il founded The honor, and dignity and rights of our
ssuntry are not know, in our keeping it was our
uriyiepe il was not our duty, to make any suggestion
on such topics to the chief magistrate Of the United
States or you with whom is placed that high trust
except in so individual and personal rights
ustizens are directly involved And possessed OF that
confidence the declarations of the President on assuming
the responsibilities of his exalted station well
calculated to inspire we'll the evidences since ex
hibited than instance, Of his firm resolution
and that yourself, to "submit to nothing that
wrong" We have motive for thrustlpg our opinion,
On that subject before YOU either in the torn Of counsel
or admonton. We desire to confne ourselves to the
taking Of sour affairs" and this is in the arst
place. what would respectfully urge upon govern
ent should constrain the Venezuelan government to
do Our government will not in accordance to this
quest task anything that is not clearly right for such
ia the duty of nations well individuals. And in
the second place desire that government. should
require Of Venezuela full and prompt reparaton for the
wrong and injuries done to US and OF which have
heretofore complained.
And now, sir we would respectfully ask you to re.
peruse letter and remonstrance of the undersigned
addressed to you officially dated Boston, jan Is, 1885,
the nles Of your department That letter, you will
perceive states the principal facts in relation to the dis
ccvery in March, 1854 and the taking peaceable possess
sion Of and the actual occupation in few weeks sub
sequeAty by agents, in merchant vessels of the
United States bearing its flag, with company OF
and laborsrs, Of the Islas Aves Bird Islands.
These islands, they called, merely barren
rocks, situated in the Caribbean Sea- in about Is deg
80 min. north latitude and 63 deg 38 min west longi
tuds from Greenwich The principal isle (shelton's
isle) is about mile in circumference, and had not in
March, 1864, any soil land, houses, trses,
heritage Of any kind upon it, and inhabited by
man before agents landed upon it. The others
II are still smaller Our agents discovered deposite Of
guano the principal ise before then unknown and
the presence of which gives the chief if not the sole
value to the island. On being informed of this we
fitted out from the United States for the express object
of procuring carRoes of that article, merchandise
several vessels with extra and laborers aud at
tSiDg expense We made contracts for the supply of
that article prices which would il We could hsve car
med them out, yielded us q handsome profit.
We shipped materials for houses and provisions
thither for our aborers and provided barrels i'm
PIGMENTS and tools launches, and other convenences
wherewith to gather and ade the vessels with it, We
erected the edge Of the rock that vessels could
to it. We intended to establish there per-
msnsnt set cement and proposed the transportation of
sell thither by vessels their out voyages
from the United States, wherewh to make gardens
plant shrubs and trees.
who We ask, had any right to complain Of this much
less to prohibit from doing after arrival
there and commencement Of operations and contnu.
ance thereof tor several months to eject by force
from the island seize property carried thither and
forbid return Doubtless the existencs OF this DESC
late rock has been known for nearly two centuries aud
perhaps longer 1t not improbable that French Eng
lish, Danish, Dutch Spanish Portuguese ana Amsrcln
merchantmen, and also men of war, likewise the noted
pirates that formerly infested those parts, have often
visited Sheon's Isle but is not believed any govern
meut individuals thought OF it ss possession,
and certainly none ever occupied II till last year. wheu
planted the stars and stripes upon il. Mere dis
covery unless is followed by occupation confers
TO island or to barren rock in the to the
shore Of continent, whether inhabited by dolatrous
ssvages or utterly unnhabitei. The merely seeing
Island other land rock at sea, though before
known, and landing thereon aud leaving it aga.n-in
other words mere temporary occupation, without the
0ain.us rertrendtcannot confer any right Discovery
must be followed by occupation; and constructive pos
session will not for series of years, uch less
ier a century and half two centuries after discovery
i is not commended that actual nerruptedy COZ
tDued ;upaton or possession de fdco, from the time
Of the first discovery is necessary and it conceded
that reasonable allowance may be made. We insst,
however that the law is that positive pis
ossessio "actual occupation, must be had at some
ercised or at least Asserted or continual clsuo of
ownershp and jurisdiction made, a general a.
answst g Of right BY other nations in
newly discovered island upon the government Of
the irst dscoversr. All the legal authorities,
told show this to be the true principle. Our counsel
has furnished with the folio wing references which
Won appreciate better thsn we, for NO law
ye, though we can perceive they are entirely consist
Grotius, Jur. Bel. ae Pac. l. 2 chap. 4-Pufendorf
Jsr Nat; ct gen l. 4, c. II and also 4lS, and ms
tion -Rutherford Inst. Nat Law vol. /. vol 2,
Beritaes, sec l. O. Sc Dr. Philemon INST Law, vol l. ..
p 213, 1885, 237, 23s 242 247, 26s, ut passus Wheat
Rep G. o. s, 81, COS johnson VS. yss Mcintosh.
Wheat, Elm Int Law, 4, sec and p 2oo ct seq.
to 237, &c.s
Admitting Spain, the autecessor of Venezuela first
discovered the existence Of sheons ise-nevsr having
taken formal possession of it-never having exercised
any acts OF ownership Of any kind In relation to it, the
her claiming the Of It's being contiguous
appurtenAnt 10 her shores Is simply ridiculous Whilst
IL conceded that IL not necessary to the dscove
ry Of land before unknown to the civilized world In or
der to acquire that all parts Of ths newly dis
covered region should be a.tusy occupied, snd that
the occupation OF the principal and commanding or
controlling points will suffice to adjacent contgu
and appurtenant country, naturally tributary TO
them yet no spectacle authority found
rant Venezuela of any Spanish discover
In laying claim barren rok at least Eve hundred
miles from part of her coasts and totally discovered
from them Why it s much nearer the island OF Domln
and Guadalupe, and fact, Puerto Rico but half
sls AYES is the Venezuelan coast How the
thortes of Venezuela to put forth the claim they
nave and enforce it. they did against us only be
accounted for the supposon that they deceived
and mised by third parties seeking 30 make specula
ton for themselves, regardless Of law or right.
IL 10 out OF the question to admit that State may
after discovery by her flag the flag OF her sntsces
sor abandon such island neglect to It tor any pur
Disqualification fishing, hunting wooiing-leave it
oerect for series Of years-nay ever since landing
IL IL they did land on it)and thus, when other
people with greater enterprise seek TO it for bene
eia purposes drag forth from the oblivion OF centuries
the dormant claim OF discovery. Such claim Is not
merely dormant-it Is dead. Especially when such claim
Ia urged the 6imsy ground Of constructive right