AVES ISLAND. 53 



but without either such general or special regulations, his right of 

 possession of the land discovered by him, in a small and uninhabited 

 isle in the high seas, extends over the entire island so discovered, and 

 its appurtenances. 



This is^ however, a question between him and his own government, 

 and in this case Venezuela has no right to meddle in it. 



In this very case the records of the department will show that it 

 has recognized and adopted the doctrine that the discovery and occupa- 

 tion by a citizen vests title; and it declared that "t/ the authorities 

 of any foreign govei^nment sTioulcl attempt to prevent or interfere with a 

 discoverer (though a citizen) in taking guano from the Aves Island, 

 they laill he expected to assign sufficient reason therefor." This declara- 

 tion, though made to parties not discoverers, settles two points: First, 

 the doctrine now contended for as to citizens ; and, second, the adop- 

 tion of such discovery by the government — by the act of the Executive. 



XVI. EXTENT OF OUR RIGHTS IN THE PRESENT CASE. 



Insomuch as no restrictions or limitations exist by any law of the 

 United States as to our rights in this case, they extend to the whole 

 isle, and the guano upon it; and until the declaration or establishment 

 of limitations of such right by law of the United States, duly enacted, 

 or at least by executive autliority, the federal government is to be 

 deemed as acquiescing and confirming them to their entire extent. This 

 is, however, a question in which Venezuela has no concern. (See Vat- 

 tel, lib. 2, c. 4, §54.) ^ 



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. 



A discoverer has no right or power to alienate, or transfer, by his 

 personal act, the rights of sovereignty or eminent domain acquired by 

 his State, and vested in it by his discovery and occupation, and such 

 act is illegal and utterly void. 



And a fortiori, no admission, or connection, or compromise by such 

 citizen or subject can affect the rights of his State, so acquired, and 

 vested by his discovery and occupation as aforesaid ; and that, without 

 express authority of his government, he is incompetent to relinquish 

 his own rights and ^ possession (those of his State being based upon 

 them) to SiTij foreign government whatever. (See Bard., p. 239.) Indi- 

 viduals cannot prejudice rights of States by their acts, (Vattel, lib. 

 1, c. 21, § 260, p. 117; lb. lib. 1, c. 21, § 261; 2 Phill., p. 52, § 49; 

 1 Ibid., pp._ 145-6, §§ 122-3; Bynk., p. 223, § 239.) Individual hasno 

 power to alienate or impair in any mode public property or rights. (Puff. 

 lib. 3, c. 7, ar, 11, p. 334.) '' Subjects cannot contract, either among 

 themselves or with others, and prejudice the duty and allegiance they 

 owe to their lawful sovereign," (Note in supra from Grrammond's 

 Hist. Gal., 1. 5.) 



As to admissions, three cases are recollected that are somewhat per- 

 tinent. On the 25th of December, 1814, Mr. Gallatin, United States 



