AVES ISLAND. 267 



case in view. (See memorial, &c., on file in Senate, and a copy whereof 

 was sent to tlie State Department at tlie time it was presented.) 



The act is entitled ' ' an act to authorize protection to be given to 

 citizens of the United States who may discover deposits of guano," but 

 includes, in terms, those who "may have discovered" at the time of 

 the passage of the act. And the fifth section expressly authorizes the 

 President, ''at his discretion, to employ the land and naval forces of 

 the United States to protect the rights of such discoverers," &c. The 

 employment of these forces to enforce special reprisals, surely is within 

 (because a less hostile course) their employment in using warlike force 

 against another nation, and in acts of unequivocal hostility. 



XIII. In the present case diplomatic, action has been had. Nearly 

 three years have elapsed, and no result has been obtained, except a 

 display of shufiiing and equivocation and evasion by the Venezuelan 

 officials, and an insult and indignity to our minister, and this, too, it 

 must be borne in mind, in a case of gross outrage upon the American 

 flag, and despoiling the property of American citizens, perpetrated 

 under circumstances stamping the outrage as an atrocity. Further 

 diplomatic action by the United States government, it is submitted, 

 would be a compromise of the national honor and character. 



The example of the British government in the Nootka Sound case is 

 worthy of imitation in this, and they are similar in character. (See 

 Brief, page 46, Ex. Doc. Misc. 25, 3d sess. Thirty-fourth Congress, for 

 this case.) 



XIV. No one can contest the justice of the rule recognizing the right 

 to make private property subject of special reprisals for the liability of 

 the State under the law of nations. Each member of a State is bound for 

 the liabilities of a State, and it is not unjust to collect such liabilities 

 from him, insomuch as in such case he hath full and plain resort to his 

 State for indemnity, and to his fellow members thereof for contribu- 

 tion. 



This is analogous to the principles of the common law in relation to 

 the debts or liabilities of a municipal corporation, (cities, towns, &c.,) 

 and of the individual corporators or members thereof. (See Common 

 Law and authorities on this subject.) 



He who cannot see that the true principles of justice and right and 

 morality and sound policy are maintained by these rules must take 

 a superficial view of the subject, and be perversely blind to their opera- 

 tion and effect. They afford the sole means of enforcing justice against 

 such corporations . The effects of the original wrong are thereby brought 

 home to the community, and it is constrained by its own members to do 

 them the justice it has denied to strangers. 



XV. It is not supposed that any one will deny the propositions stated 

 in the ''points" filed under this number. 



XVI. The citation of authority to support the doctrine asserted in 

 the points filed is deemed useless to statesmen, who, we have every 

 confidence^ fnlly appreciate the duty there noted. 



But it may be remarked that the non-fulfillment of such duty bj 

 any government would justify the reproach Sir Henry Bulwer cast upon 

 that of the United States in 1850, in his famous "Chatfield letter" of 

 being "a weak government," wanting decision, firmness, promptness, 



