5S AVES ISLAND. 



sumption of principle and objects. (Domat, article 1186, 1146, &c. 

 General power not sufficient for alienation.) 



If a party, whether a State or an individual, claims under acts or 

 admissions by one said to be the agent of an adverse party, he must 

 give distinct and unequivocal proof of the authority to do the act, or 

 make the admission ; and such authority is never to be implied. (See 

 Story on Agencies, § 116 ; Smith on Contracts, p. 347.) 



Especially is this the law in a case of total alienation or relinqui'sh- 

 ment by an agent, of the property of his principal to such claimant, 

 or as to admissions of a general character going to destroy his prin- 

 cipal's rights, as such acts and admissions are inconsistent with the 

 general delegation to use the property beneficially for his principal, 

 and are ordinarily deemed invalid for want of authority, if full and 

 special authority is not proved ; and if in any degree inequitable, or 

 made without equivalent received for his principal, will be deemed 

 collusive and fraudulent, and void on that account. (See Smith on 

 Contracts, by Eawle, p. 347 [249] citing many cases ; see also Patter- 

 son vs. Tash, 2 Strange, p. 1178 ; Daubigney vs. Duval, 5 Term, 604; 

 Martini vs. Coles, 1 Man., &c., p. 140-493; Graham vs. Dyster, 6 

 id., p. 114 ; Quioroz vs. Freeman ; 3 Barn. & Cress., 343 ; Fielding 

 vs. Kymer ; 2 Brod. & Bing., 639. Such is recognized as the rule on 

 this side of the Atlantic. See cases cited in Smith, supra.) 



In this case there was no equivalent or consideration for the alleged 

 agreement. The pretended consideration or permission to stay as long 

 as Dias or his government would allow them was a mockery. (See '2 

 Phill., p. 63, § 49.) 



The agreement shows that it is a clear case of lesjion, as well as con- 

 straint, and not reciprocal. 



The permission to load these vessels was equally trifling, and its 

 value depended upon the title of Venezuela, which is denied ; and 

 besides, these vessels did not load, and could not load, before they 

 were ordered off peremptorily upon a few hours' notice. 



These facts show that the " agreement " was not only in the incep- 

 tion, but in the end, a trick and fraud, '' made to delude, and purposed 

 to deceive." ^ 



The power and authority must be exercised according to the inten- 

 tion of the constituent. General procuration or agency is not sufficient 

 for alienation of property the agent was to preserve, nor for a recission 

 of contract he was to execute. {Corp. Jur. lib. 25, lib. 60,' i). de 

 Procur. lib. 63, eo. ; Master of vessel restrained to incidental power 

 relating to ordinary employment of ships ; Story on Agency, p. 35.) 



XXni. — CAPTAIN GIBBS' AGENCY. 



He went out as master of the brig J. K. Dow, and staid out on the 

 isle as general agent to gather and ship guano from thence. (See in- 

 structions.) 



He was not, whilst there,, master of any of our vessels. As such, 

 general agent as aforesaid, he had no authority to relinquish or alien- 

 ate the isle or guano, or to impair^ or destroy, or weaken our title 

 thereto, in any wise. 



He was expressly prohibited from so doing,, and instructed to resist 

 certain anticipated intrusion by certain governments, specifically 



