The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-13
NAvASSA AND MARCUS-A His
TORlCAL PARALLEL.


TORlCAL PARALLEL.
An interesting opinion OF the SUI
preme Court of the United States on
the question of the rights Of discover
ers of guano islands may be found In
the case of Jones VS.. United States, re-
ported in 1877 u S. Supreme Court Re-
ports, pages 2o2 to 224- The facts there
.recited with respect to the acquisition
of Navasso, are as follows
On the 3rd of December, 1857. Peter
Duncan filed with the United States
Secretary of State an affidavit. stating
that on July /. 1867. he discovered a
deposit of guano on an island in the
caribbean sea called Navasso, not
within the lawful jurisdiction Of any
'other government, and not -occu-
pied by the citizens of any other
government. He described the island,
it's latitude and longitude, and the de-
posit of guano thereon; and further
represented that on Sept. IS, 1851, he
took peaceable possession OF and occu-
pied the. island in the name OF the
United States. etc, and he prayed that
the island may be considered end de
clared as appertaining to the United
States, and that he, the said claimant.
may have the rights and advantages
allowed and secured to him as such
6iscoverer, which are by the Act of
Congress provided"
The act of Peter Duncan in claiming
Navasso- for the United States and FL
ing his claim with Secretary Lewis
Cass was paralleled by Captain Rose
hill, who in 1859 claimed Marcus island
for the United States and filed his
claim with Secretary James G. Blaine,
and there the parallel ceases.
Peter Duncan, without filing bond, or
complying with the Act of Congress. or
obtaining any recognition of his claim
from the State Department, other than
was implied by Secretary Cass placing
it on file, sold his rights in Navasso to
one Cooper. and Cooper sent men and
vessels to Navasso to remove the qua
no. While thus engaged, in June, 1858,
two Haytian war vessels appeared and
the Haytian government. upon the pre-
tence that the island was a dependency
of ST Domingo, forcibiy interrupted
and prohibited the digging of guano
by Coopers men. Cooper thereupon
solicited the interposition Of the
United States for the protection of his
interests.
On July Z, 1858, the Secretary of
State, without waiting for Cooper to
file a bond or otherwise perfect his
right to remove guano from Navasso,
addressed a letter to the Secretary of
the Navy, in which, after stating the
substance of Duncan's memorial and of
Cooper's application, he said: You
Will cause a competent force to repair
TO that island, and will order the officer
in command thereof TO protect citizens
of the United States in removing guano
therefrom against any interference
from authorities of the government of
Hayti or of any other government, and
inform the authorities of Hayti of the
determination Of this government not
to allow citizens of the United States
to be interfered with in removing qua
no."
the Secretary of State demanded of
Cooper a bond, which was not furnish
ed by Cooper until September 10, 1858.
although in the meantime, and on Aug.
16. 1855, the commander of the United
States war vessel notified the Haytian
Minister of Foreign Relations of his
instructions, as follows: Il am author
of the United States is of opinion that
in this case. IL is advisable to exercise
the authority vested in him by the fifth
section of this act and 1 am directed
by him to repair to Navasso island to
protect our citizens In removing guano
therefrom against any interference
from the authorities Of any govern
ment whatever; which he hopes may
be able to do without giving reasonable
cause for offence In any quarter"
And the commander of the American i,
war vessel did repair to Navasso and
did protect Cooper in removing the |
suano a month before Cooper gave the
bond required.
On November IS, 1858, the Haytian |
government addressed the government !
Of the United States, as follows: THE
Island Of Navasso, over which Hayti |
now claims sovereignty, was once the
property Of Spain, who, in the exercise
If an undisputed right, coded said ter |
-itory to France. France, in 1925. /
through her chief, Charles Y. acknowI-4
edged the independence of Hayti and
hereby vested her with a perfect title
O the French part which included
he island of Navasso. The govern
nent OF Hayti. though frequently i'm