Nov. 21, 1894, Mr. Wike, Assistant Secretary of the Treasury, sent out the following circular: "To Collectors of Customs and Others: "At the request of the Secretary of State, the following-named 'Guano Islands,' specified in lists issued by this Department of Guano Islands appertaining to the United States, will be considered as stricken from said list, and no longer included among the Guano Islands bonded by the United States under the Act of August 18, 1856, viz: 66 Arenas, Arenas Key, "Perez, Western Triangles." Pajoras, The letter of the Secretary of State, dated Nov. 17, 1894, and conveying the request mentioned in the foregoing circular, is given, supra, $113. Nov. 28, 1894, the Secretary of the Treasury sent a list of the bonded islands to the Department of State, and asked that it be further revised, so as to include only islands which were then "considered as appertaining to the United States." The Department replied that this would require the passing on the rights of a large number of private persons, and that it was preferred not to do it unless their action should render it necessary. Mr. Gresham, Sec. of State, to the Sec. of the Treasury, Jan. 14, 1895, 200 The following information, collected in the Department of State and elsewhere, Agnes Island.-Discoverer, William H. Parker, who also gave bond. (Mr. As to certain assignments, see Mr. Payson, Third Assist. Sec. of State, to Mr. Mr. Fish declared that the Department had "exhausted all its powers in rela- Copies of all papers in the Department relating to Agnes and Johnson islands Alacrans Keys, embracing Perez, Chica, and Pajoras.-Discoverer, James W. Acting Sec. of State, to Mr. Wilbur, Oct. 15, 1894, ibid.; Mr. Gresham, Sec. of State, to Treasury, Nov. 17, 1894, 199 MS. Dom. Let. 437; Mr. Cridler, 3rd Assist. Sec. of State, to Mr. Altman, Aug. 8, 1899, 239 id. 197.) Alta Vela.-The Department of State declined to recognize the claim of a certain firm, under the act of 1856. It seems that a right to the guano was at the same time claimed by another firm under a concession from the Dominican Government. (Mr. Fish, Sec. of State, to Messrs. Spofford et al., Sept. 10, 1869, 82 MS. Dom. Let. 55.) See S. Ex. Doc. 38, 40 Cong. 2 sess.; H. Mis. Doc. 10, 40 Cong. 3 sess. "St. Domingo had extended its jurisdiction over Alta Vela, incorporated it by name as a part of a province or political subdivision of the nation, and extended over it the laws of the Republic." (Mr. Fish, Sec. of State, to Mr. Preston, Dec. 31, 1872, MS. Notes to Hayti, I. 124, 144.) Arcas Island, or Key.--Conflicting claims of discovery were made by Jas. W. Jennett and Pascal A. Quinan. ( (Mr. Hay, Assist. Sec. of State, to Mr. Long, Dec. 11, 1879, and to Mr. Wallis, same date, 131 MS. Dom. Let. 17; Mr. Porter, Acting Sec. of State, to Mr. Buckey, Feb. 5, 1886, 158 MS. Dom. Let. 651.) It was stated in 1887 that no controversy had arisen with Mexico in regard to the island. (Mr. Porter, Assist. Sec. of State, to Mr. Shelley, July 23, 1887, 164 MS. Dom. Let. 677.) Subsequently, however, it was stated that Mexico claimed the Arcas Cays as part of the Arenas Group. (Mr. Cridler, Third Assist. Sec. of State, to Mr. Southard, Feb. 26, 1900, 243 MS. Dom. Let. 226. This letter contains the following statement: "The Areas Cay do not appear in the list of guano islands appertaining to the United States bonded under the act of August 18, 1856, as appears from bonds on file in the office of the Comptroller of the Treasury;' but an affidavit of discovery was filed in this Department. I can not find that the Department ever made any representations to the Mexican Government on the subject of the Arcas Cays. It can not therefore be said that this Government has either recognized or disputed the Mexican claim.") See S. Ex. Doc. 151, 52 Cong. 1 sess. It was stated in 1897 that no assignments of interest in the island had been made since the issuance of that document. (Mr. Day, Assist. Sec. of State, to Mr. Money, Sept. 27, 1897, 221 MS. Dom. Let. 208.)) Arenas, and Arenas Key.-Arenas Key: Discoverer, James W. Jennett; bonded, Sept. 8, 1879; assignments of interest made in the same year. (129 MS. Dom. Let. 296; 130 id. 92.) Arenas: Conflicting claims of discovery by Jas. W. Jennett and John G. Wallis (194 MS. Dom. Let. 57); bonded Oct. 18, 1880. "not The American occupants having been removed by the Mexican Government from Arenas Key, as trespassers, the Department of State was able to reach the conclusion that this island was, if at all, sufficiently derelict to warrant a demand for reparation from that Government." (Mr. Frelinghuysen, Sec. of State, to Mr. Brewer, M. C., June 15, 1882, 142 MS. Dom. Let. 411.) The Mexican legation was advised of this opinion. (Mr. Frelinghuysen, Sec. of State, to the Mex. minister, June 29, 1882, enclosing a copy of the letter to Mr. Brewer. MS. Notes to Mex. Leg. VIII. 343.) This opinion was reaffirmed (Mr. Bayard, Sec. of State, to Mr. Everhart, March 10, 1885, 154 MS. Dom. Let. 421); but the Department afterwards declined to comply with the request of the Mexican minister, made with reference to a suit which his Government proposed to institute in the United States courts against certain American vessels for removing guano from Arenas Key, to strike the island from the list, notify the port authorities, and cancel the bonds of the alleged discoverers, the Department saying that, assuming the matter to be one of judicial cognizance, the question whether the defendants had title would be "for decision by the court .. after hearing the evidence on both sides," and that if, on the trial, evidence of the action of the Department was needed, it could be obtained in the ordinary way by calling for certified copies of the records. (Mr. Porter, Acting Sec. of State, to Mr. Romero, Mex. min., Jan. 18, 1886, MS. Notes to Mex. IX. 145.) On another occasion it was said that the letter of Mr. Frelinghuysen to Mr. Brewer "left the question of title open," but that the recent correspondence would be sent to the Secretary of the Treasury "to the end that his Department may adopt such course as it thinks best concerning the omission of Arenas Island from the list of guano islands." (Mr. Adee, Acting Sec. of State, to Mr. Romero, Jan. 30, 1886, MS. Notes to Mexico, IX. 152; Mr. Adee, Acting Sec. of State, to Mr. Manning, Jan. 30, 1886, 158 MS. Dom. Let. 597.) Subsequently, however, the Mexican minister was invited to submit further proofs of jurisdiction (Mr. Bayard, Sec. of State, to Mr. Romero, Feb. 18, 1886, MS. Notes to Mexico, IX. 163); and it was stated that there was nothing to show that the Mexican claim "had ever been controverted by the United States." (Mr. Bayard, Sec. of State, to Mr. Fisher, Feb. 26, 1886, 159 MS. Dom. Let. 173.) April 23 and June 21, 1886, Mr. Romero, Mexican minister, filed various historical proofs of the title of Spain and of the rights of Mexico as her successor. (Mr. Bayard, Sec. of State, to Mr. Manning, June 30, 1886, 160 MS. Dom. Let. 616.) These proofs were such that the United States "practically acquiesced in the Mexican claim of jurisdiction." (Mr. Wharton, Assist. Sec. of State, to Mr. Brewer, March 22, 1890, 177 MS. Dom. Let. 243. ) At length, after full consideration, the islands were, on the request of the Secretary of State, stricken from the list. (Mr. Uhl, Acting Sec. of State, to Treasury, Oct. 3, 1894, 199 MS. Dom. Let. 49; Mr. Uhl, Acting Sec. of State, to Mr. Graybill, Oct. 15, 1894, id. 147; to Mr. Gatchell, Oct. 16, 1894, id. 157; Mr. Gresham, Sec. of State, to Treasury, Nov. 17, 1894, id. 437.) Aves (or Bird) Island.-Citizens of the United States discovered guano on one of these islands in 1854 and took possession of it. This was prior to the Guano Islands act. The Venezuelan Government, under a claim of sovereignty, expelled them and broke up their business. The United States, understanding that the islands, when occupied by its citizens, "were not embraced within the sovereignty of any power, but were derelict," presented to Venezuela a claim for damages "for molesting them [the occupants] and breaking up their business." (Mr. Marcy, Sec. of State, to Mr. Eames, minister to Venezuela, Jan. 24, 1855, S. Ex. Doc. 25, 34 Cong. 3 sess. 4.) The dispute was settled by a convention signed by the United States minister to Venezuela and the Venezuelan secretary of foreign relations, Jan. 14, 1859, Venezuela agreeing to pay $130,000 to indemnify the claimants for their losses, and the United States engaging to make no further claim to the islands. (S. Ex. Doc. 10, 36 Cong. 2 sess. 458, 460, 470, 472. The case of the claimants is set forth in S. Ex. Doc. 25, 34 Cong. 3 sess. 35 et seq.; of Venezuela, in S. Ex. Doc. 10, 36 Cong. 2 sess. 287-371, 397-420. See, also, Lawrence's Wheaton (1863), 319, 320; Davis's Notes, Treaty Vol. (1776-1887), 1403; a pamphlet entitled "The Aves Island case, with the correspondence relative thereto, and discussion on law and facts: H. S. Sanford, attorney for claimants, Washington, 1861;" also, Mr. Seward, Sec. of State, to Mr. Culver, Jan. 24, 1863, MS. Inst. Venezuela, I. 259; Mr. Fish, Sec. of State, to Mr. Partridge, Dec. 7, 1869, id. II. 147). June 30, 1865, the Queen of Spain, as arbitrator in a dispute between the Netherlands and Venezuela as to sovereignty over the islands, rendered an award in favor of Venezuela. (Int. Arbitrations, V. 5037; Seijas, El Derecho Internacional Hispano-Americano, IV. 210.) Baker's Island, also called Nantucket and New Nantucket.-Michael Baker claimed to have discovered the island in 1832. He visited it in 1839, landing and finding guano and taking possession "under the flag of the United States." He revisited it in 1844, 1845, and 1851. (Mr. Black, Sec. of State, to Mr. Marshall, Dec. 28, 1860, 53 MS. Dom. Let. 336.) June 7, 1858, a committee of the House of Representatives made an unfavorable report on the quality of the guano. (H. Report 307, 35 Cong. 1 sess.; S. Ex. Doc. 11, 35 Cong. 1 sess.) March 2, 1861, Mr. Black, Sec. of State, issued a certificate reciting that the American Guano Company, of New York, having acquired Baker's rights, and complied with the act of 1856, was entitled to the privileges thereof. (53 MS. Dom. Let. 447.) The Department of State, in 1870, was unable to say whether the island was "in the possession of the United States Guano Company," or whether it was "unoccupied and vacant.” (Mr. Fish, Sec. of State, to Mr. Young, March 10, 1870, 83 MS. Dom. Let. 447.) "These islands [Baker and Howland] are now, it is believed, occupied by employees of guano companies belonging to citizens of the United States, who ship the deposits found thereon to this country and elsewhere." (Mr. Cridler, 3d Assist. Sec. of State, to Miss Lewis, May 7, 1898, 228 MS. Dom. Let. 320.) Booby Key.-Conflicting claims of discovery by J. W. Jennett and P. A. Quinan. Jennett claimed discovery May 8, 1868, and assigned his interest May 17, 1876. A declaration of discovery, on behalf of Quinan, was filed by L. M. Simpson, Dec. 4, 1886. (Mr. Adee, Second Assist. Sec. of State, to Mr. Long, Nov. 18, 1887, 166 MS. Dom. Let. 179.) The island is in lat. 14° 14′ N., long. 80° 30′ W. Cayo Verde.-Discoverer, J. W. Kendall, of Baltimore. As jurisdiction over the island was 66 distinctly asserted" by Great Britain, Attorney-General Black advised that the President had "no right under the law to annex the island to the United States, or to put any American citizen in possession of it, until the diplomatic question raised by the British minister shall be finally settled, and not then unless it be settled in our favor." (9 Op. 406 (1859).) The President, therefore, declined "to take any measures by which the said island would be considered as appertaining to the United States." ( (Mr. Cass, Sec. of State, to Mr. Brent, March 19, 1860, 52 MS. Dom. Let. 49.) "As to Cayo Verde, both occupancy and jurisdiction were shown to have been exercised on that island by the local authorities of Jamaica long previous to the discovery of guano on it by citizens of the United States." (Mr. Fish, Sec. of State, to Mr. Preston, June 10, 1873, MS. Notes to Hayti, I. 153, 161; cited by J. Hubley Ashton, esquire, counsel for the United States, in his brief in the case of Gowen & Copeland v. Venezuela, No. 16, U. S. and Venezuelan Commission, 18891890. See, also, Sen. Report 280, 36 Cong. 1 sess.; Mr. Hay, Sec. of State, to Mr. Wheeler, April 7, 1900, 244 MS. Dom. Let. 230.) Chica Island.--See Alacrans Keys, supra. Christmas Island.-Discoverer, Captain John Stetson, of New Haven, Conn., prior to 1857; possession taken June 20, 1858, by Capt. J. L. Pendleton, of the ship John Marshall, in behalf of A. G. Benson and associates, under a deed from Stetson dated May 11, 1857. A. G. Benson executed May 13, 1857, an assignment of all interests to G. W. Benson, who, Nov. 24, 1858, in turn conveyed them to the United States Guano Co., of New York, which furnished an approved bond under the statutes. In 1865 a license was granted by the British authorities to Dr. Crowther, of Tasmania, to enable him to export guano from Christmas and two other islands, but, as it proved to be unprofitable, his license was canceled in 1869 at his own request. June 9, 1871, a new license was granted to Mr. Alfred Houlder for nine years. His representative, on arriving there July 5, 1872, found that the island had lately been taken possession of by the U. S. ship Narragansett, and that it was then occupied by three men in the employ of C. A. Williams, of Honolulu. Under the circumstances, Mr. Houlder had his license canceled, but, having learned that Mr. Williams had given up occupation, he applied for a renewal of it. Before acting on this application, the British Government, in order to avoid any question as to the right of sovereignty over the island, inquired whether the United States had finally abandoned its claim to it. The Department of State, referring to the papers on which rested the company's title, and observing that "no notification” had been received that the company had "abandoned" the island, said: "They [the company] are still considered to be entitled to the protection guaranteed by the laws of the United States, in their possessory right, so far as such occupation may be necessary to secure to the company, or its assigns, the deposits of guano found thereon.” (Mr. Evarts, Sec. of State, to Sir Edward Thornton, April 1, 1879, MS. Notes to Gr. Br. XVIII. 18; For. Rel. 1888, I. 712, 713.) In 1888 the United States, on learning that Sir William Wiseman, H. B. M. S. Caroline, had taken possession of Christmas, Fanning, and Penryhn islands, on behalf of his Government, recalled the correspondence of 1879 in relation to Christmas Island, and reserved all questions that might grow out of the occupation. (Mr. Bayard, Sec. of State, to Mr. White, chargé at London, April 30, 1888, For. Rel. 1888, I. 712.) Lord Salisbury in reply maintained that the island had in fact been abandoned by the American company prior to April, 1882, when certain British subjects, of Auckland, finding it unoccupied, took possession and hoisted the British flag; that they afterwards continued in possession; and that Sir W. Wiseman did rot take formal possession till he had "satisfied himself that there was no evidence on the spot of the island being still claimed by the United States or that it was occupied by United States citizens.” (Lord Salisbury to Mr. White, chargé at London, May 24, 1888, For. Rel. 1888, I. 727-728.) Clipperton Island.-An interest was claimed in the island by the Oceanic Phosphate Company, by assignment from one Frederick W. Parmien. Parmien at one time claimed to have taken possession of the island for the Stonington Phosphate Co., and at another to have taken possession for himself and certain other persons. The Oceanic Phosphate Co. was dispossessed by the Mexican authorities. The island was not bonded, nor was it in the list of guano islands appertaining to the United States. According to Lippincott's Gazetteer, it is claimed by France. (Mr. Adee, Acting Sec. of State, to Mr. Chapman, Sept. 22, 1893, 193 MS. Dom. Let. 489. See, also, for a review of the facts, Mr. Adee, Acting Sec. of State, to Mr. Thomas, Aug. 13, 1895, 204 MS. Dom. Let. 100.) It was stated by the French Ambassador, Jan. 6, 1898, that his Government claimed the island not only on the ground of discovery by a French captain in 1709, but also on that of the taking of formal possession by a French naval officer |