AVES ISLAND. 21 



and that can be furnislied to our agriculturists at one third the cost of 

 the other) to be found in the American seas, south of 25° north lati- 

 tude. Acquiescence, without remonstrance and effective action in the 

 proceedings that have been had in this case, may establish a precedent 

 highly injurious to our country in this respect. 



The largest rock, (Shelton's Isle,) possibly, maybe made, with some 

 outlay, important to our commerce passing near it, by erecting a light- 

 house upon it, by constructing a martello tower for defense there, boring 

 deep wells to obtain water, and by having deposits of coal there for 

 our steamers in the merchant service and in the Navy. But in all 

 this we are not directly and immediately interested ; nor in the fact 

 that it would constitute an admirable outpost or picket guard for our 

 interests, present and ultimate, in all that region. 



We look to the deposit of guano as the only present means of ren- 

 dering the island valuable to us as individuals, by bringing to market 

 for our farmers at a small advance on cost this rich fertilizer ; and we 

 are entirely willing to transfer all our rights to our government, 

 (reserving the gumio,) without charge or compensation, and if the gov- 

 ernment decides that said course is desirable, we will do so promptly. 

 We have heard that some exceedingly squeamish and strict construc- 

 tionists say that the federal government has not the " faculty of acqui- 

 sition" of a foreign country, by the discovery anci occupation of its 

 citizens under its flag, because the case is not in terms provided for in 

 the federal Constitution. And so, too, by purchase, or a free transfer, 

 such as we propose ; and particularly, that the Executive cannot so 

 act without a law of Congress authorizing it, or the concurrence or 

 direction of Congress otherwise given. So, at the commencement 

 of this century, was it objected that the executive and legislative 

 branches together had no power to annex Louisiana, and yet the most 

 important function of the federal government from that day to this 

 has been to provide and regulate annexation by purchase, by conquest 

 in open war, and otherwise. And the Executive has more than once 

 arranged for naval depots and yards, &c., at Port Mahon, in Minorca, 

 and Spezzia, in Sardinia, and elsewhere, at different times, and the 

 concurrence of Congress has only been asked to furnish the necessary 

 funds. In this case, as no money is requisite, no such concurrence is 

 riecessary. We presume, therefore, there can be no difficulty on this 

 point. If the United States has no faculty of acquisition of newly dis- 

 covered and primarily possessed and occupied islands, this attribute of 

 sovereignty must revert to the State of our allegiance, Massachusetts, 

 or to ourselves. This sovereignty cannot be in abeyance, and it cannot 

 die. It exists somewhere, and if not delegated to the federal govern- 

 ment, it is "reserved to the States" and to "the people." (Art. X 

 Fed. Const. Amend. 



Our first letter to you, dated January 15, 1855, above mentioned, 

 states to you the facts as to our discovery and taking possession, in 

 the spring of 1854, of the chief isle, and of our quiet, peaceful, and 

 undisturbed possession of it for several months, and until the middle 

 of December, 1854, with our workmen, and that we had several vessels 

 there lading guano. 



On December 13, 1854, a personage styling himself Don Domingo 



