AVES ISLAND. ST 



surely will not be regarded, as being a fair consideration for the abso- 

 lute and unqualified relinquishment of the right of the United States 

 and of our right to the island and to all the guano on it. And if, with- 

 out any other constituents of covin, this was a case between individu- 

 als, such arrangement would be set aside and nullified by a court of 

 equity, not only as a usurpation of authority by the agent in illegal 

 violation of the principals' rights, but as an '■'unconscionahle" exaction 

 by the other party. Why, if Dias had any right to the artillery and 

 armament, &c., was it stipulated that he might take possession of it, 

 and if he had no right, wherefore was it yielded up in such form with- 

 out any equivalent therefor? Why, also, were they bound to "lend 

 their aid to the garrison of the island with such auxiliaries as they might 

 require," and subject themselves to the "orders" and place themselves 

 " under the /lag of Venezuela?" If Gibbs and Lang did, in fact, vol- 

 untarily " sig7i" this alleged agreement produced by Venezuela, we are 

 convinced, from its purport alone, that it was misrepresented to them, 

 or at least to him. They probably either supposed it to be a mere ac- 

 knowledgment of the service of the notice or receipt of the permit 

 Dias had given him, and of which it is nearly a copy, and regarded it 

 as of no moment except to serve Dias with his government as proof of 

 his having given it. When the stipulations we have adverted to are 

 well considered no other reasonable conclusion can be made consistent 

 with his fidelity to us, (that we do not doubt,) and consistent with his 

 knowledge of the rights we claimed and which he was specially deputed 

 to maintain and protect, except it be that the paper was extorted by 

 force. 



Messrs Lang and Delano sent you, on the 15th of January last, an 

 extract from their instructions to their agent, enjoining him " not to 

 make forcible resistence to any government," and in ours, dated June 

 21, 1854, we say, " we don't wish you to resist the armed force of any 

 government, although we feel confident the island does not belong to 

 any nation whatever ; yet there may be claims of this kind we don't 

 know of, and we do not wish to place yourself, by any chance, in a 

 false position by resisting any government force that may be sent 

 there." Our second instructions, dated June 22, 1854, are somewhat 

 different. In them we say: "No government has any better claim 

 than we have, and this you can insist upon. Don't mind any threats, 

 because there is nothing they can or dare do to injure you. The proba- 

 bility is, if anybody comes under English, French, Dutch, or Danish 

 flags they will say they are by order of government ; but resist all 

 attention to their orders, and insist they must take you all as prisoners 

 and make prizes of your vessels before you will go, and leave it for 

 your government to settle the matter with them. I am sure they will 

 not move you, but will frighten you if they can. Against other 

 comers you must take your chance and drive them off. ' ' Copies of these 

 instructions, retained by us, are inclosed herewith for the inspection 

 and satisfaction of the President and yourself ; but as there are private 

 matters alluded to in them, of no public interest, we desire, after your 

 examination of them, they may be returned to us. 



If it is inquired why we specified four nations to be resisted and did 

 not name Venezuela, we answer that these four nations have unques- 



