174 AVES ISLAND. 



supposed that the conduct of Dias might possibly have been through 

 his error or mistake. We then supposed that the guano, then charged, 

 was not more than one fourth of what was on that part of the isle 

 staked out between Captain Gibbs and Wheeler in July, 1854, to our 

 party on the isle, and less than half of the first class guano on that 

 part, not including the ''good merchantable guano" and that of infe- 

 rior quality, but which would bear freight to the United States. The 

 fact of the guano, on our part, exceeding 100,000 tons is proved by 

 five witnesses and by Commander De Horsey, R. N., in his report to 

 his government. 



We made it as we did because, although we believed our right to 

 the whole was just and valid, we were desirous to avoid all appearance 

 of being hard or unreasonable, and to prevent any imputation being 

 made of exaggeration. We had not been at the isle ourselves, and 

 did not know what we could certainly prove on that point 'bj reputable 

 witnesses. 



We deemed it advisable also, in order to procure speedy payment of 

 any indemnity from Venezuela, believing that satisfaction might be 

 obtained more readily for such part of our rightful dues than for the 

 whole; and besides, it was of pressing importance then to have the 

 matter settled forthwith to avert other embarrassments and injuries, 

 the results of said outrage, which, if the claims had been settled in 

 the winter of 1854-55, or spring of 18.j5, we should not have been 

 compelled to sufier. We claimed then, and claim now, only in refe- 

 rence to the moiety of the isle our Captain Gibbs took exclusive occu- 

 pation of, on his division with Captain Wheeler, in July, 1854. We 

 forbore to claim for the other part, because it was claimed by Lang & 

 Delano under that division, and although we did not, and do not now, 

 admit their claim is well founded, as against us, our position in Jan- 

 uary, 1855, induced us to forego at that time opposition to it, though, 

 at the proper time, we purpose to have our respective rights as to said 

 isle and guano decided upon by a competent tribunal. We do not 

 imagine that there will be any question about our rights to add to our 

 claim in respect of this additional charge for guano. Our former 

 statement is no legal '^ estoppel." Its not being made in January, 

 1855, may be regarded as evidence against the propriety of such addi- 

 tional claim. Be it so. In the face of the incontestable proof of the 

 justice of the addition, and that it is still less than one half of the 

 guano we might charge for, sach argument may pass for what it is 

 worth in such regard. Besides, the terms of our past statement show 

 that we then supposed the quantity of guano on our part of the isle 

 was 50,000, worth $12 50 per ton, and in presenting our charge for 

 25,000 only, we stated it as the "minimum" quantity; which word 

 you will find in the statement. 



In reference to our former statement of January 29, 1855, you will 

 find, upon recurring to the deposition of Captain Gibbs, that he first 

 arrived in the United States, after the eviction, at Holmes' Hole on 

 that very day. 



We saw him a few moments only, and made and forwarded that 

 hasty and loose general estimate on the spur of the occasion. We 

 repeat that we were then willing to take the amount there stated, if 



