128 AVES ISLAND. 



Mr. Sanford to Mr. Marcy. 



Derby, Connecticut, 



A])ril 19, 1856. 

 Sir: In several former letters addressed to yourself on the subject of 

 Mr. Shelton's claim, and in a letter to the President of the United 

 States, dated December 24, of which I inclosed you a copy, I adverted 

 to the fact that legal counsel advised Mr. Shelton of the expediency of 

 obtaining from Congress a confirmation of his ownership of Shelton's 

 Isle and the guano thereon. I respectfully solicited suggestions from 

 the President or yourself if it was deemed improper. Not having re- 

 ceived any intimation of such impropriety, I have supposed you did 

 not disapprove of such course, if deemed advisable. 



I frankly state to you that I do not concur in the necessity of such 

 proceeding, and would respectfully solicit your attention to pages 5 

 and 12, included, of the printed brief I sent to you in June last, of 

 which the original manuscript is on file in the department. Some of 

 the citations are misprinted^ but you can readily recur to them by 

 looking at the original brief. The heads of the brief to which I would 

 solicit your attention on this point are — 



"X. Faculty of acquisition by the United States of such isle by dis- 

 covery, &c. 



"XI. If faculty not in the United States, it remains in the State of 

 discoverer. 



"XII. Executive may enforce and maintain public and private 

 rights resulting from discovery and occupation, without action of 

 Congress. 



"XIII. The non-existence of any restraining or directory law leaves 

 plenary power with the President. 



"XIV. Discovery by private citizens vests rights in the United 

 States. 



" XV, Rights and interests of citizen discoverers. 



" XVI. Extent of our rights in the present case. 



" XVII. A discoverer has no right or power to alienate rights of his 

 State, or his own, to foreign powers, and admissions by him to such 

 effect are of no force." 



I inclose jom herewith a copy of a memorial I have this day sent to 

 be presented to both houses of Congress, which you will perceive only 

 claims the interposition of Congress, in case Congress, in its wisdom, 

 should deem such interposition necessary to confirm and maintain our 

 rights. I presume, therefore, it can in no wise embarrass, but, on the 

 contrary, aid the departm'ent in its diplomatic negotiations with respect 

 to this claim. 



If Congress is disposed, it certainly can nerve and strengthen the 

 executive arm most effectually by making provision for the employ- 

 ment of a naval force to coerce just reparation. I understand that 

 during Mr. Polk's administration^ Mr. Buchanan felt the necessity of 

 the executive being invested with power to use the naval force in refer- 

 ence to some of the Amewcan republics south of us so strongly, that he 



