The New York herald., 1868-04-15
ALTA VELA ISLAND.

The report from which the following extract is
taken bears the date of January H. 1857 Writing at
that date the Secretary OF State says:-
It was ascertained that Thomas r. Webster = Co.,
citizens OF the United States actually in pos
session and occupation OF the island OF Alta Vela ad
Versely 10 Patterson aad Murguendo. other citizens
OF the United States and that the former are peace
aDy engaged under the authority OF the government
OF ST. Domingo, in removing whatever guano
remains ON the island. The forcible intervsn.
tion which the claimants solicit necessarily
involves an executive decision that the claim
or Patterson and Murguendo Is superior IN law
fict is between citizens OF the United States. 1t
arises under the laws OF the united STATES ana tne
laws OF nations The contenang paaes u a,e an en-
legal tribunals Of the United states ana tn0se trou-
mails are expressly Invested with Jurisdiction TO de-
eide the controversy, and clothed with ample author
ity to carry their Judgment into execution. Under
these circumstances it would be presumptuous on
employment or armed force by the President to de.
termine purely legal ,Sn controversy III. ~ snail s
Re Sspu6c ni'eS ST. ST. pomnso Soer is hdSs the
party, and not Thomas X. Webster Co., the
Secretary OF State must answer that the controversy
Is only incidentally national one, while really 1t
involves nothing more than pecuniary question Of
lawful right between contending citizens OF the
United States; that the courts OF law are competent
and obliged, on due application, to investigate and
decide it, while the question whether the Executive
Department shall intervene Is one which the c0nsti-
tuition and laws refer TO the discretion OF the Presi.
dent and that discretion Is to be exercised with q
principal view not TO the interests OF individual cti
United States
Nevertheless the Secretary win proceed in his ex.
Of the the 81 tna
Murguiendo and Thomas K. Webster Il Co. has been
overcome and removed. II seems quite, clear
lawfully have Instituted any proceedings whatever
for the relief Of the claimants until after they had
filed the bond prescribed by law. Their bond bears
date of March 10, 1861 but it was not presented to
the department ana filed therein until the 25th Of
January, 1866 The eviction OF Patterson and Muir
ON In frnn n lst nd nj
truslon as they call that proceeding, occurred and
was complete not only before the day when they
1t purports 10 have been executed The secretary
might be unwilling to insist peremptorily on this po-
,stlon but he THINKS 1t Is his duty to stand upon 1t
until different construction OF the act shall be pro-
nounced by the courts or declared by Congress.
Inc question remains whether, when patters0a son
fela that island was not IN the lawful Jurisdiction
OF some foreign country.
The Secretary Of stale will not, in the first instance
go backward beyond the political era OF the republic
of st. Domingo. That republic declared and achieved
Its independence from The republic OF Hayt on the
9th Of February, 1914. Ii subsequently rec0g-
nized by Great Britain and France and other nations
rs well as the republic of liaytl and is now recog
nized by and holds treaty relations with the United
States. 1t adopted ana proclaimed national con-
sttution on the 18TH day OF November 1914. What
the constitution declared ia regard to territory is
that the ancient Spanish part of the island OF ST.
Domingo, with the ''adJacent islands," form the
territory of the Dominican republic; that the boun-
daTies OF the Dominican republic are the same
which divided the Spanish part OF the island from
the French part, as fixed In the year
into five provinces, Composela de Azua, Santo Do
ming0, Santa Crus del Seybo, La Conception de Ia
Vega and Santiago dc los Cabaeros; that these prov
1nces shall be divided into communes, whose num-
Der and distribution shall be regulated by law, and
That the city Of st. Domingo shall be the capital Of
It has been already seen by the report of Mr. Caz.
neau, that the islands vi Beata and Alta Vela were,
by a law of the republic OF st. Domingo passed in
ds55, named and described Us dependencies Of the
province OF Azua.
referred to are twoonc passed III 1884, the other in
ASA. , -.--
EXTRACT FROM THE LAW OF 1874.
"ART1CLE 2. The province OF C0mpOStela de AZua
as divided into nine communes-namely, Azua (the
capital Of the province) Neyba, San Juan, Hincha,
LAS Matas de Farian, Banica, Caobas s. Rafael and
s.. Miguel. The military station of Baraona will be
attached to the commune OF Azua, as the nearest,
and Petitru to that of Neyba. The adjacent islands
depending on this province are Beata and Alta
Nela."-(Appendix No. 52.)
EXTRACT FROM THE LAW OF 1854.
"ARTICLE f. The province OF CompOstela de Azua
ts divided into the following cOmmunes-AZua (cap-
ital of the provincel Neyba, San Juan, Las Matas,
Banica, Hincha, San Rafael, San Migua and Caobas.
The military post Of Barahona will depend upon the
commune OF Neyba. The adjacent islands depending
on this province are Beata and Alta Vela"-lAppen-
A treaty Of peace between France and Spain was
concluded ut Aranuez on the 81 OF June, l777 1t is
historically known that the French and Spanish
provinces In the island OF Hayu acquesced in that
boundary line which has always been understood to
have been established in that treaty, which boun-
Diary the with the boundary Of 1793 referred
to and adopted, as before mentioned in the consitu
.tion OF 1874 OF the republic of st. Domingo. The
niing0 was adopted on the 26th OF Septem-
Der, 1865, in the, twenty-thrd year Of
the independence, and in the fourth year OF
The restoration Of that republic after its violent
throw by Spain. The constitution declares that the
republic embraces all that has been before known
constituting the territory OF the republic, namely,
the Spanish part OF st. Domingo and its adjacent
separates its territory from Hayii is the same as
agreed upon between France and Spain, In the
treaty Of Aranuez, on the sd OF June, l777. The
eral divisions are continued as in the constitution
OF 1874, including the province OF Azua.
The boundary line thus fixed in l777, between the
French and spanish provinces and republics has been
deiineated on every known map the island OF Hayt
since the year l177 IL begins at the river DaJabOn,
an Mancenlia bay ON sne north coast Oh haysi
the course Of rivers and mountain SUBMITS across
the whole island to the mouth Of the river Peernales,
or Des Anses-a-Pitre, on the southern coast. The
boundary line nowhere approaches the island OF
Beata than thTtyfour miles, or the island Of
Alto Veo nearer than thirty miles.
The claim OF jurisdiction over Alta Vela thus made
by the republic Of St. Domingo In It's constitution ana
laws seems TO bear the test OF geographical inquiry
REPORT OF THE UNITED STATES COAST SURVEY.
DeScripttOn-Tde mountains Of Bauruco lie near
the middle Of the southern coast OF the island OF
Hayti. They rise 10 height OF 2,400 feet and termi-
nate at Beata Point. or Little Cape Mongon, the
southern extreme OF layu
"I3edtd Istand.-Ihe north point OF Beata island
bears west by north four mites from Beata Point. IL
Is about 1--WE miles long nom north to south, two
miles broad, mostly covered with brushwood, and
the most elevated north end terminates In long,
dow point and not lar from IL there Is solitary hut
The west side trends about north by east half east,
and is bold and steep-to on some parts OF this side
there IL bottom with 1876 fahoms OF line at three
quarters Of mile fiom the shore, and of others q
depth OF twenty fatnolns nearly q mile distant.
From the southwest point ledge stretches of
some distance In that direction and there are only
four fathoms at three cables length OF. The east
side Is very steep, but the north ana northeast sides
are connected to Beata Point by shallow white
bank, which the greatest depth is reported TO be
fat
o breaker. Good anchorage viii be found In from
seven to nine iathoms water at about half mile
from the western shore of the island. This anchor
age is exposed to the west but the trade wind here
Invariably blows home.
Altd Veia.-Alta vela lies southwest half west six
and quarter miles from the southwest part OF Beaa
and about fifteen miles from Beata Point IL s three
quarters OF mile long In northeast by east and
southwest by west direction and half a mile
wide, and Is almost entirely composed OF remark.
able beshaped hill, the summit OF which Is 500 fee,
above the sea. AT three quarters OF mie from the
nnrfh side there Is a small low dat hlack rock. and