New-York tribune., 1868-04-29
TIE Alta vELA' CASE.
WHY JERRY BLACK WITHDREW FRO,i TIE NJ
FENSE or TIE PRESIDENT.


jeremiah S. Black, unquesti0nsbly groas
lawyer and particularly familiar with questions Of law
Arising under the Constitution OF the United States an1
e is oI congress, was chosen by President johnson -
one o MS counsel to defend hm against the Impeachment
oi ne House OF Representatives and assigned by the
puDic Judgment TO the laboring oar In the trial He
Withdrew from the Gaze Various reasons have beoa
assigned for the withdrawal from the defense OF the
PRESIDENT by the distinguished lawyer who was wed
known to have been an adviser OF his and
TO have been In political sympathy his policy TIE
real reason is as follows: .t
Congress passed III August s5G what ia known a, ths
"GuanO Act" That law, in substance, declares thas
any citizen OF the United States discovers depoas
guano any island. rock key within the Lawful
Jurisdiction Of any Government. and occupied by
citizens OF any other Government, ald skes peaoeabls
possession thereof and occupies the 'ame, said island
rock or key may, at the discretion q the President
of the United tates be considered PERTAINING TO the
United States The act provides for notice to the state
Department OF discovery and occupation and Zoe salts
factory evidence that the island not IN possession 90
occupation Of any other Government or citns thereof
gives exclusive right to the dscoyerer TO occupy the
island for the purpose OF obtaining, shipping o. selina
guano to American purchasers for use In the United
States regulates the business Of selling under bonds with
appropriate penalties and authorizes the President or me
United States 10 employ The land aud nardi forces Of ne
Unicd sates to protect he rights Of Me discovrer Ua
der this statute guano islands in different parts OK tbs
the American flag.
In February, 1860 Patterson Murgiendo, merchants
OF Baltimore discovered deposit OF the Island
OF Alta Yea, in the Caribbean Sea, l6 miles from tho er
treme southern point of the Dominican territory Iw
totally barren and desolae aud had previously been
claimed by any State people, or government They took
possession of it under the Guano Act of Congress sbo's
mentOnedtook the steps required by the act 10 bfina
themselves within the protection Of the same-in all ro'
spects complied with the law, and commenced 10 uis
guano and ship the same to Baltimore. With the fun
sanction of the United States Government and with the
taet consent of all other governments Patterson Mur
gendo remained full and peaceable possession OF Alta
vela for months and Alta Vea was 10 ths lam
guage Of the law, "appertaning to the United states
On tie 23d Of october $780, ts Dominican schooncros OF
Merced appeared before the island and landed 70
armed men, who down the American nag oeeturnet
OF the agents and laborer OF Patterson MUIR
glendo destroyed their tools and materials orcAd the
board the Merced and carried them priners 70
ST. Domingo and there kept them In fail for days The
captain Of the Merced used this violence In no Ignorance
Of Patterson Murgiendo's rights discoveries occu
pants and Americans He had visited the island In bis
schooner previously the lh Of September lSeo
The American flag was then flying there The Captain
informed Of the possession and shown tho ac,
of Congress under which possession had been taken Hs
only response was 10 beg for two buckets full OF gane
With tins sample and proof Of the Heretofore undeanet
of wealth OF the desOlate rock, he sailed away. On his
second coming to seize the property on the 80 OF October
Patterson Murgendos rights were reassericd 70 him.
copy OF the Guano Act of the United States was again
exhibited to him, and he thus distinctly informed
that the honor and fatho the United states were ny an
act Of Its Congress- well by the laws Of the world.
ped ged TO redress the outrage he was about 70 commit
Patterson & Murgendb thus eyicted and wrongcd.
retained jeremiah g. Black their counsel 10 present
Government their CLAIM 20 be Immediately ronststed
In the rights of property which had 50 insoeny been
1864 and 1885, Mr. Black repeatedly invoked the attention
of Mr. Seward Secretary OF State to his clients wrongs
The Secretary then his belly In his foreign policy Dc
cned consider the the ground that portton
OF the Union being in rebellion, "the time unproph
tious for this Government prosecute the claim OF the
two Baltimore merchants, however Just IT was"
NewYork spectators, under the style and
firm Of T. r. Webster Co.. leased OF the Government Of
San Domingo the privilege 10 gusno from Alta
Vela This lease subsequently transferred 70 the
Alta yea Guano Company Of New-York City. AMONG
wlce6 stockholders said TO be Clarence Seward and
Rensselaer, Van yakeuburg Mr Thurlow Weed has re-
Gently denied that he has interest in the Company
but in his newspaper he makes constant 6ght forie
The operations Of this guao concern have been stms
lated day they have chartered many ten
vessels TO 60 10 Alta Yela and load with the property OF
Patterson & MurgeBdo.
In 1861 Jeremiah Black demanded OF our Government
as he had for years preceding demanded that seaa
vessel Of war TO Alta Yela and put his robbed and
eyiced clients in possession He took the ground that
the discovery by them OF the guano deposit Alta Yea
and the occupation OF that island under the act of Cons
gress annexed the island 10 Union and made t .
part OF country that when the San DOMINICAN forcs
expelled our guano dgCers from Alta Yela San Domingo
invaded American territory; that she insued our faa
on our own soil grossly as II she had hauled 1t down
from the masthead OF American ship at that the
act OF 1856 required naval force to be used TO restore
Patterson & Murgiendo to. and maintain them in pos.
Az ~uarAr t0 maui
Mr. Black with increasing earnestness. renewed his
demands Mr. Stewards set purpose for so many yeass
manifested not to aid tho two outraged American mer
chants and not the rights and the dignity OF his
country took under the pressure brought TO beas
upon him. first the form Of diplomatic objections WHICH
could emanated from no other man In America than
him second the advocacy Of the right and title OF san
Domingo TO Alta yela and, consequently tho validity OF
the assigned lease held the New York Company thru
pettfoggng away altogether the right and title OF Pae
terson Murgendo % First he said: g The poifioaa
condition of the Republic Of San Domingo has not eSSon-
tally improved 1t is still feeble, destitute OF resources
and credit aud theater OF military revolution Aspecst
envoy is now here soliciting financial and moral assist
NICE" The history OF politics the world over may %
searched in parallel to this imbeciity Thnk
OF i'll Territory wrested from our ownershp-ocf nag
torn down and tramped on by raggedbreeehed spanish
bofbrceds-our citizens robbed OF their property ana
fling into prison pursuing useful business under the
atority aud guarantees OF OF Congressa 10 bs
condoned by the sending of envoy TO Washington to
l,orrow money! Yet because the San Domngans lived In
chronic political Kilkenny cat fight, because they were
feeble impoverished and without credit and because
they passing round the national nat ior pnahcs
aud moral assistance Secretary Seward declared thst
ould be nexpedient enforce our rights, even II the
Justice Of the claim OF Patterson Mugendo were clearly
and cOnclusiyely established"
Meanwhile tho New-York Company, composed in part
of the Secretary OF States nephew and wholly OF his per
sona and political friends indusrously soyens
the guano off the island and shipping 1t away
Mr. BLACK again called earnestly 10 the Government 70