AVES ISLAND. 157 



papers and proofs have been for many months on file in the depart- 

 ment. 



The second section of said act requires a certain bond with securities 

 to be given by claimants, and that the President shall designate the 

 amount of the penalty. The claimants are ready to comply with that 

 provision of the act in all things, if the case is one in which they 

 should so proceed, and if such course will in nowise weaken or com- 

 promit their claim against Venezuela for the outrages for which they 

 seek redress. 



They therefore, ask, if the Executive deems the case a proper one 

 for such proceeding under the law cited, that they may be advised of 

 the character, condition, and amount of the bond he will require, and 

 if advised thereof, they will obey such requirement immediately. 



I have addressed this letter to you, conceiving that under the law 

 referred to, it is the proper course — the case being intrusted expressly 

 to the discretion of the Executive. 



I have the honor to be, with the highest respect, your obedient 

 servant, 



H. S. SANFOED, 



For the claimants. 



The President. 



Mr. Sanford to Mr. Marcy. 



Brevoort House, New York, 



December 16, 1856. 



Sir: On the 14th instant I addressed a letter to the President, 

 according to the "act of 18th of August last,- respecting discoveries of 

 guano deposits, making application under said act in behalf of Philo 

 S. Shelton and his associates, as discoverers of Shelton's Isle, for the 

 benefit of said act, provi-ded it nowise compromits their claim against 

 Venezuela, now being prosecuted by the department. 



It has been suggested to me that it is possible the reported claim of 

 the Dutch government made to Venezuela for that island, may create 

 an impediment to such application. Whether the ancient title of the 

 Dutch government was v/ell founded or not, they were not in posses- 

 sion of the island at the time of our discovery and occupation, and it 

 was in fact derelict and abandoned. It is not seen, therefore, how 

 their mere pretense of claim can be interposed to prevent our being 

 entitled to the benefit of the law. You will notice that act expressly 

 applies to discoveries made before the passage, as well as those made 

 subsequent ; the phraseology of the bill was so shaped at my express 

 instance to include this very case, and, in truth, the provisions of the 

 bill variant from that originally proposed, were suggested by myself, 

 and were adopted with a view to this case. The debates in the Senate 

 will show the express objects of the bill as I have stated them. The 

 whole matter is, however, in the discretion of the President, to whom, 

 under the law, I have, therefore, directly submitted it. 



