AVES ISLAND. 89 



lished in the New York Herald, in December, 1855, could, ex propria 

 vigore, demolisli the rights of the United States to the jurisdiction over 

 and sovereignty of Shelton's Isle, founded upon Mr. Shelton's discovery 

 and possession of 1854, or destroy or even impair Mr. Shelton's rights, 

 based on the same discovery and possession of the then derelict isle ; 

 and I am gratified at the discovery in your note of an intimation that 

 in this respect your judgment sustains mine. Some solicitude was, 

 however, felt by me when I wrote my letter of the 5th instant that a 

 tacit acquiesence by the authorities of the United States (intrusted with 

 the conduct of Mr. Shelton's case) in that notice, and in the claims it 

 puts forth, and the protracted delay, in connection with other peculiar 

 circumstances of this case, might hereafter be invoked by the Vene- 

 zuelan government and the guano company to assist them in raising 

 obstacles to his indemnification for their violation of his rights, and 

 hence, and in such way, have an injurious effect upon his interests. 

 The very material distinction between the rights of a citizen, however 

 incontrovertible, and his interests, dependent upon the vigilant atten- 

 tion to, and diligent enforcement of those rights by his government, 

 "was not lost sight of by me in my letter, and in fact the letter was in- 

 duced by my exact appreciation of this essential difference. 



In this very case his rights may be incontestable, and, if prose- 

 cuted with zeal and ability, valuable ; and yet, by remissness in the 

 enforcement of them, by delays and by pretermissions of dutyby him^ 

 or by his agents, or by his government, and other circumstances, his 

 interests may become of trifling value and consequence. 



I did not conceive it to be necessary, and, indeed, it might have been 

 regarded as indelicate and presumptions in me to suggest to the depart- 

 ment the propriety of its prompt notice and rebuke of the admonitory 

 manifesto of the allied powers of Venezuela and the guano company, 

 and therefore I contented myself with the mere transmission to the de- 

 partment of the notice, and the expression of my opinion as to its 

 objects and effect, and of my "surprise" at its appearance; confidently 

 anticipating that so far from being regarded as intrusive or ofiScious, 

 or offensive, my exertions to be of service to it, and to aid it in sustain- 

 ing the rights and interests of a citizen outraged by a foreign govern- 

 ment, would be appreciated and well received. 



I beg leave, in order to prevent misapprehension hereafter, to explain 

 more particularly in what ' ' way " (as I believed) I saw that this declara- 

 tory notice and its being carried out would certainly affect, and injuri- 

 ously, Mr. Shelton's interest. The pecuniary responsibility of Vene- 

 zuela, as is notorious, is of little account. Apprised of this by public 

 rumor, and by a knowledge of the dishonorable failure of that govern- 

 ment to fulfill its solemn obligations of several years standing to citi- 

 zens of the United States at this place, I have looked to its promise of 

 a pecuniary indemnification to Mr. Shelton as of secondary value, and 

 have considered that his chief dependence has been and is the imme- 

 diate restoration of the island. Unless it is exacted immediately I fear 

 his prospect of obtaining ultimate just redress is remote and dreary. 

 Upon the question of the effect of a tacit acquiescence in the notice, 

 especially in connection with the other circumstances adverted to, as 

 militating against Mr, Shelton's interest, 1 must, of course, defer to 



