106 AVES ISLAND. 



ernment at Philadelphia, (and the gentleman who had the correspond- 

 ence with Moses Taylor, Esq., as to Shelton's Isle, heretofore inclosed 

 to you,) is a stockholder and director of this company, and one of those 

 •under whose authority the pamphlet is issued. I will send to Phila- 

 delphia to have transmitted to you some copies, one of which I request 

 may befprwarded by the department to Mr. Eames. 



I deem it proper also to inform you that on Friday last I ascertained 

 that the schooner Indicator, Captain White, burthen about 17 7 tons, 

 was dispatched by Messrs. J. Lee & Co., the agent of the '^Philadel- 

 phia Guano Company," from this port on the 1st instant, armed with 

 'Cannon and manned by a large complement of men for such vessel, and 

 provided with small arms and fixed ammunition, for the purpose of 

 protecting, by force, the claim of Venezuela and the '' Philadelphia 

 Guano Company" to all the guano islands in the Caribbean sea, Shel- 

 ton's Isle included. I inclose you a paper from the custom-house of 

 this city, certifying to the clearance of the vessel, &c., and her papers, 

 <&-c. I will send some further proofs in reference to her so soon as I 

 ■can obtain them. 



I am advised by legal counsel that a suit in chancery by us against 

 the ''Philadelphia Guano Company," and perhaps joining as defend- 

 .^nts. Captain Dias, who is now in Philadelphia, and other parties ; 

 (and indirectly the Venezuelan government) may be instituted in the 

 federal court at Philadelphia by us, if we are given the express sanc- 

 tion of the department, on the part of the government of the United 

 .States therefor, and that the result would probably be advantageous to 

 the claimants, and that at any rate we could, in the progress of such 

 suit, coerce the production of material proofs, and obtain by commis- 

 sion, important testimony that we cannot now procure. The suit 

 would be for the proceeds of the Shelton's Island guano received in 

 the United States, perhaps an action of trover, for the guano, on the 

 aground that it is ours, and a suit in equity to enjoin the payment of 

 the " royalty" yet unpaid by the company to the Venezuelan officials, 

 ;and to others to whom they have given authority to receive it here. 

 I am referred to the case of McFadden and the Vengeance, in 7 Cranch. 

 Eeports, as showing that the express authority of the government for 

 such suit is primarily necessary. With such authority, and provided 

 :such proceeding would not in anywise interfere with the vigorous 

 prosecution of our claims by the department, it is proposed to institute 

 it immediately. I think it would constrain the Venezuelan officials 

 '(who would personally experience some detriment of the "royalty" 

 and the proceeds of the guano) to do us justice ; and the course of 

 Venezuela in this business is entirely that dictated by those of her 

 officials who are interested in receiving personally a large share of the 

 profits of this guano. The suit at law against Dias, instituted in this 

 city some months ago, with the assent of the department, for trespass, 

 $350,000, was inefiectual in consequence of his abruptly leaving the 

 <day the capias against him was attempted to be executed. May 

 I ask the department to sanction the institution by us of the suits in 

 trover and in equity suggested, if, on further counsel, such course is 



