AVES ISLAND. 31 



and commissioner to watch over the desert Antilles of the Caribbean 

 sea," in due form according to the laws of war ! And in this capitu- 

 lation, too, the Yankee troops are not only denied the honors of war, 

 but a sort of enlistment pro hoc vice of the captives under the flag of 

 the supreme government of the Venezuelan republic is stipulated and 

 agreed to ! To that part of your letter stating the necessity of satisfy- 

 ing the de]3artment that '■'■ this agreement" was "signed under duress," 

 and of the difficulty that will arise if "that should not he the fact," we 

 may, we think, not impertinently suggest here, that as to this asserted 

 " agreement"^ Venezuela is stopped from denjing (ivhatever the fact 

 may be) that it was given under duress of the strongest character. 

 She cannot gainsay the acts of her commissioned officer acting under 

 her express orders. She has expressly adopted and confirmed the acts 

 of her military "commissioner," set forth in this document by the 

 ])roduction of it in her defense, and she must abide the consequences. 

 She cannot be permitted to deny its recitals, and they are irrefragably 

 conclusive against her on this point. An inspection of this paper is 

 alone all sufficient to establish the fact of duress, and that not merely 

 threats and menaces and belligerent manifestations, but ]3ositive acts 

 offered by her military or naval officers, with a public vessel of war 

 and an armed military and naval force were the means of such duress. 

 This is manifest from the tenor and character of the paper. The fact 

 is recorded in it. Why, sir, it is quite apparent that it was expressly 

 intended by Commander Dias to herald the heroic exploits of himself 

 and comrades in the guano war of Shelton's Isle. It is obvious that 

 it was drawn up by him to be used as legal and formal evidence ' ' in 

 pe7'petuam rei memoriam' ' of the vigilance and valor displayed by that 

 illustrious warrior and his army, and of the triumph they achieved, 

 and the glory they won by their descent upon Shelton's Isle, wresting 

 it from the Yankee intruders, hauling down the flag of the United 

 States, and, after reducing our agents and employes to submission, 

 making prize of our vessels and property, compelling the prisoners of 

 war to enter the Venezuelan service, and pledge their fealty and alle- 

 giance to the ' ' supreme government' ' of that republic whilst remain^ 

 ing on the island, and finally by driving them and our vessels away — 

 having also taken our cannon and armaments as trophies of victory ! 



There is little doubt that Dias would display amazement and indig- 

 nation, even if affected, if told that any body imagined this agreement 

 was volunteered by Gibbs and Lang. He would scout the idea that it 

 sprung from a deliberate conviction by them that the claim of Vene- 

 zuela was just, derived from historical research, and an investigation 

 of the principles of law governing the case, as laid down by publicists, 

 which, it seems, she would now fain pretend. She puts it forth as 

 conclusive, as if Gribbs and Lang were fully empowered and unques- 

 tionably competent to decide the whole matter, and that they had so 

 decided it in writing, and irrevocably, and that no appeal can be had 

 from their decree, whatever the fraud practiced to procure their signa- 

 ture,however palpable the mistake or error they committed, and not- 

 withstanding the judges may have been under military duress in regard 

 to this very matter. Suppose the agents to collect and ship guano did 

 come to the conclusion that the isle "pertained" or "belonged" to 



