The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-08

mon law it is twenty-one years. Cap
tain Rosehill was not physically absent
from Marcus, more than seven years
at any one time, and between his last
visit in 1896, and the Japanese advent
in 1896, the period was less than one
year. In any event, If Rosehill was
guilty of neglect, that was a question
between his government and himself,
with which the government of the MI
kado had no concern; and Rosehiifs
laches, if there were laches, was con-
doned by the United States when 1t &C
cepted his fifty thousand dollars bond,
and issued TO him it's cense TO occupy
Marcus Island.
There is another view of the law
island we ought to obtain from Japan
indemnity for it's loss.
IF the State Department shall hold
that the action of Secretary Blaine IN
1889. in filing Captain Rosehill's papers,
did not constitute an acceptance, by
the United States, of sovereignty over
Marcus Island. and that the action of
the department in 1902, in accepting a
bond from Captain Rosehill, was not
| an acceptance of sovereignty, because
in 1898 the claim of Japan interviewed.
If the State Department shall hold that
the United States has never claimed or
exercised sovereignty over Marcus ISL
n and if the Guano Act of Congress
is not to be considered at all in this
connection. it still appears:
First. That Captain Rosehiil, by
his acts in 1889 acquired possession of,
and a right of property in, and hat
this right SO acquired became vested
by the building of a house, and a years
actual occupation.
Second. That this right was still ex-
listing and undisturbed by any adverse
claim, when, in 1895, he again landed
on the island
Third. That the Government of
Japan does not claim that its subjects
made any formal claim to the island,
or attempted any permanent occupancy
of il until 1896 or that the Japanese
Government recognized Marcus as a
part of it's possessions until 1898.
Fourth. That the rights of property
acquired by Captain Rosehill in 1889,
and re-asserted in 1895, could not Under
the laws of Japan, or of any other civ
ilized power have beer lost by aban-
donnlent, or non use, during the brief
period that existed between his occu-
pancy, and the advent of the japanese.
Fifth. That these rights were still
existing when Rosehill and his men
were expelled from the island by the
japanese Government officials, in Aug
ust, 1902.
sixth. That conceding that the Uni
ted States has no claim to sovereignty
over Marcus, yet it's citizen has a just
claim against Japan for the value of
his property forcibly taken from his
possessions.
Seventh. That it is the duty of the
United States to present his clairs
IF the Department of State shall
coincide with these views, the Marcus
Island Company will be ready to sup
ply it with proofs as to the ctu val |
ue of the island, which I may state in
formally is the value Of the guano there
deposited. This under the Act of Con-
is four dollars per ton-less than
one-haif of its actual value. The ex-
tent of these deposits is not known, and
the Government of Japan prevented US
from ascertaining with any degree of
accuracy, but there are conjectured to
be between one hundred thousand and
one million tons.