AVES ISLAND. 45 



to refer to. They were all vessels of the United States, and manned 

 ''as required hy law" by American citizens. 



As stated in Captain Wheeler's first affidavit, (marked B, )our first 

 vessel arrived nearly about the same time (early in July) as he did, in 

 one of Lang & Delano's; and all commenced taking guano. Our 

 taking possession of it was undisputed, and of course peaceful. We 

 continued this occupation, with many employes, uninterruptedly and 

 loithout molestation, until the month of December, (13th,) 1854, though 

 several vessels of other flags and some public iiessels of luar visited the 

 isle during that time. The proofs of discovery and of assuming the 

 occupation peacefully, and peaceful use and possession for several 

 months, if deemed imperfect, will be rendered complete. The fact 

 that several foreign vessels, and amongst them ships-of-war, as above 

 stated, visited the isle, is partly proved by Wheeler's second affidavit 

 (marked C.) But other proof will be furnished. 



As to our intention of permanent possession of '' Shelton's Isle," 

 we will show that we sent out and placed on the isle several houses, 

 wharves, &c., &c., and carried out at different times water, provis- 

 eions, &c. ; even " American soil" went out as ballast to be left there, 

 and also American females, (wives of some of our employes,) went 

 out in some of our vessels. 



We feel assured that if our company had staid there some time longer, 

 and the question of citizenship had been raised as to persons born 

 there, our government would not have deemed them native citizens of 

 Venezuela. We purposed to make the isle a place of rendezvous for 

 our guano vessels, and for supplies of coal, water, wood, &c. 



IV. DISCOVERY OF ITSELF GIVES NO TITLE. 



As is shown in our letter of the 14th May, by the jus gentium, the 

 mere discovery of vacant isles in the high seas does not vest in the in- 

 dividual discoverer, or in the State to which he belongs, any right 

 except that of taking within a reasonable time the actual occupation 

 and possession of the isle ; and that if such right is neglected to be 

 exercised, any subsequent discoverer acquires such right equally as 

 the first. We refer you to the authorities cited in that letter. — 

 (Yattel, Droit des Gens, Am. ed., 1854, p. 98, &c., §§ 207-8-9 ; 1 Phill. 

 Int. Law, p. 242, §224; 1 Kent, p. 177, jus in re, jus in rem, as to 

 cessions; Wheaton's Lit. Laiu, ed. of 1855, pp. 217, 218; Puffendorf, 

 1. 4, c. 6, §3; ibid, 1. 4, c. 6, §1, p. 1; ibid, 4, 12, 6, 8; Orotius, 2, 

 3, 4; ib., 1. 2, c. 2, §2, 5; 3 Kent, p. 462; Kliiber, Bynkershoek, 

 D. M. 1.) 



V. ASSERTED CLAIM TO DISCOVERY BY SPAIN AND OF VENEZUELA AS HER 



SUCCESSOR. 



It is not pretended by Venezuela that she is the first discoverer ; but 

 it is said Spain was, and that Spain is her antecessor. Whether either 

 of these assertions are fact or not is wholly immaterial ; for neither 

 Spain nor Venezuela ever took possession, or if they did, they aban- 

 doned it long since. Venezuela has not produced any proof as to the 



