AVES ISLAND. 63 



during last century, and also recently, in violation of national law, 

 and the discussions upon that subject, in illustration of the true prin- 

 ciples of international law, violated by the British in both instances.* 

 (See Wheat. Int. Laio, p. 220.) 



Shelton's Isle being a desert and uninhabited isle in the high seas 

 upon its occupation and settlement by us, and our ships being there 

 with the flag of the United States, and that flag being raised on the 

 isle as an emblem of its sovereignty connected with such occupation, 

 the isle became subject to the jurisdiction of the federal government, 

 and subject to its laws, the same as were the vessels of the United 

 States there; and any crime, (murder or robbery and the like) com- 

 mitted upon it — certainly by any American citizen — would be punish- 

 able by said laws in the federal courts of the United States. 



We conceive, also, the commission of a crime on the isle during that 

 time, if by a foreigner, would likewise be punishable by those laws 

 and by the same courts. 



The fact that we were, at the time of the invasion of Dias, in full 

 possession, and in the actual and peaceful occupation of the isle, and 

 had been so for months before the outrage, and that it was notorious, 

 and that no remonstrance was made by the Venezuelan government 

 to our minister to that republic, or through their agent here, or other- 

 wise to the United States, grossly aggravates the insult and outrage 

 perpetrated by her authority — expressly avowed by her by the pro- 

 duction of the Dias capitulation. And it is no palliation of this indig- 

 nity, or excuse for this unjustifiable and hostile act, that it may have 

 been stimulated by a combination of speculators, even though some 

 were citizens of the United States; but, in truth, such circumstances 

 heighten the enormity, and add to the effrontery of her conduct. 



The duty of the United States in such case is laid down in the fol- 

 lowing cases : 



Vattel pre. p. Iv, note 1; also lib. 1, c. 23, § 283, p. 126; lib. 2 

 c. 2, § 24, p. 144; §§ 65 to 70, pp. 160-1 ; lib. 2, c. 18, pp. 275-6, 

 §§ 323-8, pp. 279-80, §§ 332-3-4, p. 281 §§ 339-40. 



XXIX. DAMAGES AND INDEMNITY. 



With regard to our damages in this case, as heretofore presented, 

 they are in no degree supposititious or hypothetical, or what are gen- 

 erally called incidental, consequential, or indirect damages. They 

 are positive, certain, readily ascertained and liquidated, and immediate 

 and direct: 



1. The asportation and the detention of our personal property. 



2. The loss by false freight, demurrage, and expenses of our vessels. 



3. The obstruction to the labor and employment of our workmen at 

 the isle, taken and sustained there at great expense. 



4. Expenses of procuring redress, and interest or augmented damages 

 for delay. 



5. And further, we claim the actual value of the guano at the island 



*See Dr. Johnson's Worka, vol. 12, p. 123; 1 Phil!., § 246, p. 262. 



