AVES ISLAND. 177 



Aves Island guano had, by tlie bad management and ill judgment of 

 Venezuela and her transferrees, depreciated in reputation, demand, 

 and price, and the market ruined by them^ and which has rendered 

 the isle now of comparatively little value to them or to others. We 

 hold that we have the option or choice to accept a restoration of the 

 isle or not, in part satisfaction. At any rate, our government has 

 such option. Between individuals it would be preposterous that a 

 trespasser when arraigned for his tortious acts, after he had kept the 

 property two years, and used it, taken away part of its only valuable 

 product, and rendered it well nigh worthless, (and even if it had be- 

 come valueless, without his expressly causing it,) should be allowed 

 to say " here it is, take it back and be satisfied." We are not now in 

 the guano trade, and are not disposed to go in it again. Besides, 

 what are we to do with the Philadelphia company? Two years since 

 we asked to be restored ; eighteen months — nay, a year ago we were 

 willing to take back the isle in part satisfaction. In May and June, 

 1855, we begged of the government to send a naval force to give us 

 possession, or to allow us to do the business ourselves. We could 

 have used it then profitably. Now to aak ns to take it back as part 

 satisfaction to any considerable amount, would be a bitter mockery. 

 And, besides, the President hath not granted our application under 

 the act of last session, respecting the isle, and though our claim for 

 damages against Venezula may be good, we may have trouble hereaf- 

 ter, which we should not have had in 1854 as to the isle. I trust that 

 you will suggest to Mr. Eames that the restoration of the isle in part 

 satisfaction of our damages, on terms essentially different from what 

 we now state, will not be just, and that the Venezuelan government be 

 so informed. 



May I ask that the inclosed be filed, and a copy I have made and 

 sent in another envelope, (with also a copy of this,) be sent to Mr. 

 Eames, and a second copy certified to be a true copy, and sent to me. 

 I would ask that the latter be sent to the Brevoort House^ New York_, 

 addressed to me, where I have left instructions how to forward it by 

 the first conveyance some five or six days hence to Laguayra. Any 

 other communication to me respecting this case can be addressed in 

 the same way during my absence. 



I have the honor to be, sir, yours, very respectfully, 



H. S. SANFORD, 



Attorney for claimants. 



Hon. Wm. L. Maecy, 



Secretary of State. 



P. S. — Mr. Philo S. Shelton expects in a few days to sail for the 

 West Indies ; he will address the department before he sails, and after 

 his departure Edward N. Shelton, Esq., will communicate to the 

 department in answer to any letters to me addressed as above. 



Ex. Doc. 10 12 



