:80 AVES ISLAND. 



feared his constitution of such agency would end in the total sacrifice 

 of his claim and rights. 



Copies of the papers in relation to the contract made by Mr. Pick- 

 erill are unquestionably in the Department of State. I beg of you to 

 examine them. The papers in relation to Mr. Shelton's claim are also 

 on file, and I trust you will examine them personally. I regretted to 

 learn that Mr. Marcy took exception to a long letter addressed by Mr. 

 Shelton to him in a reply to a letter from the Secretary of State, which 

 Mr. Shelton supposed conveyed imputations against his conduct, but 

 it was not imagined the reply was disrespectful, nor was it so intended; 

 and I presume Mr. Marcy is satisfied on that point, as he has been so 

 assured^ and also that any portions regarded as exceptionable would 

 be promptly expunged. 



My uncle, Mr. Shelton, is advised by counsel that it is proper for 

 him to memorialize Congress to confirm his right of discovery and 

 occupation of Shelton's Isle, if the executive is without full power so 

 to do. This would bring the case up fully before the legislature for 

 its action, and therefore, as it might embarrass the executive diplomatic 

 action, which I am confident you will promptly direct to be further had 

 for the enforcement of his claim against Venezuela for indemnity, &c., 

 I have induced its being withheld until ajjproved whether it meet your 

 ■approbation or not. 



As upwards of a year has elapsed since the outrage, and as the fail- 

 ure of the judicial officers here to arrest the Venezuelan commander 

 who dispossessed Mr. Shelton of his property. Captain Dias, upon a 

 civil process, which failure was occasioned by a sudden departure from 

 this city, every day's delay is adding to the injury he has received. 



I will add that frankness induces me to say that circumstances have 

 caused me to have a pecuniary interest in my uncle's claim, and this 

 letter is addressed in my own behalf as well as his. It is proper for me 

 ■ also to state that the State Department was apprised of the purpose of 

 Mr. Shelton to arrest Diag and hold him to bail, above attempted, if 

 no objection existed, and it was intimated that none did exist. 



Apprehension that such course might possibly compromise Mr. 

 Shelton's rights as an American citizen, to the interposition of his 

 government for the protection of his rights, and the indemnity for the 

 outrage he has sustained, have deterred him from pursuing the advice 

 ■of counsel to institute suits of libel or injunction or otherwise against 

 some nine or ten vessels now employed in the asportation of his guano 

 from Shelton's Isle, or by a suit against the combination before men- 

 tioned, incorporated by act of the Pennsylvania legislature. 



The Venezuelan government has established a military garrison on 

 the Isle, but if authorized by you, Mr. Shelton will promptly rid the 

 isle of it without expense to the government of the United States, 

 though it would perhaps be advisable that Congress should first recog- 

 nize his right, acquired by discovery and occupation. 



May I ask that Mr. Shelton Or myself be advised of the action that 

 may be had by the Executive on the subject, and of such course as it 

 may deem it proper and most advisable for him to pursue, as he wishes 

 to conform to its intimations? 



Mr. Marcy suggested to me in conversation on Wednesday, last that 



