66 AVES ISLAND. 



I arrived at tlie island on or aboat the 15tli day of July, a vesse. 

 whicli I supposed to be the Dow being tben in sight, and she also 

 arrived the same evening at the island. 



I give this declaration as an act of justice to Messrs. Sampson & 

 Tappan and Mr. Shelton, to whom I was indebted, through Captain 

 Gibbs, for the knowledge that there was guano on said island, of 

 which fact I was previously ignorant, and imparted the information to 

 Messrs. Lang & Delano, to the prejudice of my former employers; and 

 as an act of justice to them I give this declaration. 



Given under my hand this 8th day of June, 1855. 



JAMES WHEBLEK. 



State of Massachusetts, ) 

 County of Suffolk, ) 



Then personally appeared the above named James Wheeler, and 

 declared, under oath, the above to be his free act and deed. Before- 

 me — 



JOHN CLAEK, 



Justice of the Peace. 

 Boston, June 8, 1855. 



I, James Wheeler, late master of the brig M. H. Comery, do 

 depose and say : That much of the time when I was on Aves or Bird 

 Island, and afterwards, when I was lying there with my vessel, the 

 American flag of the United States was flying, and that it was a usual 

 practice to keep said flag flying. I further depose, tliat when visited 

 by the British steamer Devastation, I informed the commander 

 that we held the said Aves or Bird Island for the government of the 

 United States, and expected to be protected by our government, as we 

 were citizens of the United States. 



The American flag, which was then flying, was respected, and I 

 was informed by Captain D'Orsey, of said British government steamer 

 Devastation, that we had the right to holdvthe island in the name of 

 the United States. 



JAMES WHEELEE. 



Commonwealth of Massachusetts, } 



County of Suffolk, y^' 



Then personally appeared the above named James Wheeler, and 

 made oath that the declaration by him subscribed was true. Before 

 me — 



GEOKGE B. UPTON, 



Justice of the Peace. 

 June 15, 1855. 



