AVES ISLAND. 225 



Aves, as a part of Venezuela, came into the possession and under the 

 territorial sovereignty of that republic. 



7th. That the republic of Colombia maintained such title and pos- 

 session of the Aves until it was dissolved, in 1830. 



8th. That upon the dissolution of the republic of Colombia, the 

 title to and possession of the Aves reverted to Venezuela. 



9th. That since the date of her existence as an independent republic, 

 Venezuela has, previous to 1854, in no way lost or relinquished the 

 possession and sovereignty of the Aves, but has, up to that year, con; 

 stantly maintained the same by such manifestations of title and pos- 

 session as other governments and their citizens and subjects are bound 

 to respect. 



Now, it is wholly manifest that the truth of every one of these nine 

 propositions is indispensably necessary to establish the title of Venez- 

 uela to the Aves, as it is alleged to have existed at the beginning of the 

 year 1854 in her, as the successor of Spain, and if any single one of 

 these nine jDi'opositionsbe not true, then such alleged title of Venezu- 

 ela at that date falls to the ground. In fact, every one of these nine 

 propositions is true in relation to Margarita, and to all the islands 

 belonging to Venezuela. 



But not one o.f these nine propositions, with the possible exception 

 of the first, has been or can be proved to be true in relation to this 

 Island of Aves. 



In the confident judgment of the undersigned, every one of these 

 nine propositions in relation to the Aves, except the first, is untrue ; 

 and the last three, being the most important, have been^ as we have 

 seeuj officially announced to be untrue by Venezuela herself. 



Of such a pretension of title to an island known and used as derelict 

 for two hundred years ; a pretension never heard of till the end of 1854 ; 

 a pretension alleged to rest only on a chain of succession of which all 

 the important links are wanting; a pretension, in fine, which the gov- 

 ernment now setting it up did formally and officially and publicly 

 repudiate in 1840. Of such a pretension of Venezuela to title in the 

 Aves prior to 1854, nothing more remains, in the judgment of the un- 

 dersigned, to be said, save this : that such a pretension, not having 

 sufficient foundation, nor color of foundation, to form a profitable sub- 

 ject" of speculative historical disquisition, has no appropriate place in a 

 discussion between governments, and when alleged in justification or 

 excuse of a serious outrage upon citizens of the United States cannot 

 justly claim further consideration. 



The undersigned has now disposed of all the observations in the note 

 of the Hon. Mr. Gutierrez which appear intended to bear in any 

 way against the obligation of the government of Venezuela to make 

 full and prompt reparation to these claimants. 



_ If this reply of the undersigned, intended to close, on his part, the 

 discussion of the general question of the liability of Venezuela to make 

 redress in this case, shall appear to the government of Venezuela as 

 complete and conclusive as it is full and minute, this fact should be 

 attributed to the impregnable and irresistible force and justice of this 

 reclamation. The careful examination which the undersigned has now 

 bestowed upon the subject, will, he trusts, also indicate to the honor- 

 Ex. Doc. 10 15 



