42 AVES ISLAND. 



tion of the consent of the government, the offer is regarded as with- 

 drawn. This, sir, is extremely hard in its effects upon us^ who have 

 done nothing wrong. Though our prospect for the sale of our rights 

 in Shelton's Isle, as above indicated, is no longer favorable, we still 

 desire your sanction or dissent, in the event of application by other 

 parties. 



We have the honor to be, very respectfully, your fellow-citizens and 

 obedient servants, 



PHILO S. SHELTON, 



For self and others interested, 

 Hon. William L. Marct, 



Secretary of State. 



Mr. Shelton to Mr. Marcy. 



HEADS OF MEMORANDA FOR HON. MR. MARCY. 



I. Fact of discovery. 



II. Description of Shelton's Isle. 



III. Fact of our occupation. 



IV. Discovery, of itself, gives no title. " 



V. Asserted claims of discovery by Spain and by Venezuela as her 

 successor. 



VI. Title claimed by Venezuela from contiguity, &c. 



VII. The possession and occupation must be actual use and settle- 

 ment. 



VIII. Such possession and occupation must be continued. 



IX. Abandonment of occupation and use destroys claim. 



X. Faculty of acquisition by the United States of such isle by dis- 

 covery. 



XI. If faculty is not in the United States, it remains in state of 

 discoverer. 



XII. Executive may enforce and maintain public and private rights 

 resulting from discovery and occupation without action of Congress. 



XIII. The non-existence of any restraining or directory law leaves 

 plenary power with the President. 



XIV. Discovery by private citizens vests rights in the United 

 States. 



XV. Eights and interests of citizen discoverers. 



XVI. Extent of our rights in the present case. 



XVII. A discoverer has no right or power to alienate rights of his 

 State, or his own, to foreign powers, and admissions by him to such 

 effect are of no force. 



XVIII. Misrepresentation and fraud vitiate all contracts. 



XIX. Mistake or error vitiates contracts, if material. 



XX. Misrepresentation and fraud by a government in transactions 

 with individuals vitiate contracts. 



