224 AYES ISLAND. 



on this continent and in its seas, -whicli have succeeded to certain 

 iormer possessions of Spain ; and finally, by the words of the Venezu- 

 elan constitution, limiting the jurisdiction of Venezuela '' the territory 

 denominated the captain generalship of Venezuela." 



Therefore, in order to be precise and clearly intelligible in its bear- 

 ings on the question in hand, the proposion should read, "the island 

 belonged to Venezuela prior to 1854, as the successor to that part of 

 of the dominion of Spain known as the captain generalship of Ven- 

 ezuela." 



Not the slightest doubt or difficulty can arise from the fact which 

 has been stated to the undersigned, that the captain generalship of 

 Venezuela, being formed in 1751, was the last of the continental gov- 

 ernments constituted by Spain, and included that part of the continent 

 of South America which had not been embraced in the several conti- 

 nental governments previously formed ; because all the territory of 

 these continental governments formed originally part of the jurisdiction 

 of the government of Santo Domingo, and were successively excluded 

 out of it. But besides this vast continental territory, the govern- 

 ment of Santo Domingo, as appears in the " Leyes de las Yudias," 

 published at Madrid in 1786, liber II., pit. XV., com^jrehended 

 also ''all the Windward Islands," among which, as we have seen, 

 the Aves in question is found ; and this group of islands was never 

 taken out of that jurisdiction by Spain, or assigned to the jurisdic- 

 tion of any of the continental governments, and least of all to that 

 of Venezuela, which was at first a dependency of the vice royalty of 

 New Granada, and so continued till 1751. The cedula real, or royal 

 ordinance establishing the captain generalship of Venezuela, does not 

 appear to exist in print, and has not, after diligent search, been found 

 in manuscript ; but this is immaterial, because the historical portion of 

 the work of the Venezuelan official commission, drawn from the Ven- 

 ezuelan archives, thus gives the limits of the captain generalship 

 which it established : 



"It had for limits on the north the Atlantic ocean and the Carib- 

 bean sea." 



It is of course hardly needful to say that, independently of all these 

 ancient Spanish territorial regulations, the United States maintain 

 that this Island of Aves either was never reduced to possession by 

 Spain, or if so reduced to possession, was soon abandoned and left 

 derelict. 



In view of these observations, the undersigned perceives to be 

 involved in the proposition of Hon. Mr. Gutierrez, above cited, the 

 truth of the following nine subordinate propositions embraced in it : 



1st. The Aves was discovered by Spain. 



2d. That by such discovery, or in other manner, Spain established 

 her title to the Aves. 



3d. That Spain maintained such title to the Aves till the date of the 

 establishment of the captain generalship of Venezuela.' 



4th. That Spain then included the Aves in that captain generalship. 



5th. That the Aves remained under the jurisdiction and in the pos- 

 session of that captain generalship up to the date of its independence 

 imder the name of Venezuela. 



6th. That at the establishment of the republic of Colombia, the 



