AVES ISLAND. 69 



named, by force ; and witli respect to others not named, among 

 which was Yeneziiela, he was instructed not to yield possession till 

 they resorted to actual force, and made prizes of his vessels ; and that 

 he must resist to the extent of imposing such necessity upon them 

 hefore he allowed them to evict him. (See instructions in letter of 

 20th June. 



He had no authority as master of a vessel whilst there. (See Story 

 on Agency, § 116, p. 139, and cases cited; Abbott on Shipping^ p. 69, 

 c. 3, § 2, and cases.) 



It cannot be contended that any one at the isle had any authority, 

 express or implied, from the government of the United States, to do 

 anything in the premises. 



No authority by us to relinquish the rights of the United States 

 would have been valid if we had given it, and this for the reasons 

 before stated. (See ante, xvii.) 



Lang was no agent of ours — was an interloper — hostile to our 

 interests ; had intruded in violation of our just rights, upon the dis- 

 closure of Wheeler as to the discovery, and was suffered to remain 

 because we could do no better without violence. 



XXrV. THE DIAS CAPITULATION OBTAINED BY THE COMPOUND MEANS OF MISREP- 

 RESENTATION AND FRAUD, AND CONSTRAINT, OR FORCE OR "DURESS." 



1. Misrepresentation and fraud. — Captain Safford's deposition is con- 

 clusive on this point ; it is annexed, marked A. He says, Dias "landed 

 an armed force and took possession of the island." He says, Dias 

 *^ hauled down the American fag , and hoisted the Venezuelan fag in its 

 stead." He says also that at the same time Dias threatened the imme- 

 diate expulsion of all the Americans on the island. This was on the 

 13th of December. He says, ''finally, that the said Captain Dias 

 drew up a document in Spanish, which he said was a permit for them 

 to continue to load guano, provided they placed their -armament under 

 his control. I was present when the purport of said document was 

 explained to Captain Gibbs, (who did not understand Spanish.) As 

 explained it was simply that Gibbs and Lang were to assist the gar- 

 rison left on the island with provisions and ivater, and the most posi- 

 tive assurances were given them that the document contained nothing 

 whereby they assented to the title of the island heing in Venezuela. I am 

 POSITIVE on the point, as Captain Gibbs asked my opinion in reference 

 to it. And I further certify that said Dias insisted that, unless they 

 signed said document, they must leave the island forthwith. Captain 

 Gibbs, under the circumstances, felt compelled to sign the document, 

 hoping, by so doing, they would allow him to load the vessel there, 

 and those expected, saying to me, that if the document contained any- 

 thing different from what had been explained to him, he did not sup- 

 pose a paper signed under such circumstances could be considered as 

 of any binding force." 



Other depositions have been filed by other parties, but we do not 

 present them or rely on them at present. The "agreement," upon 

 its face, is stamped with the characteristics of fraud. 



Its being written in Spanish, no written translation being given by 

 Dias — the certificate or permit given by him to Gibbs and Lang not 



