AVES ISLAND. 295 



relations gave notice, in writing, to Mr. Eames of the day, the place, 

 and the hour when their declarations were to be taken, in order that 

 should he desire to be present in the act, he might do so, as he had 

 expressed orally a desire to that effect, when it was first proposed to 

 receive the depositions. But although Mr. Sanford, who was inter- 

 ested in the question, since he came exclusively to hasten its dispatch, 

 was present when the declarations were taken, the American minister, 

 altering his mind, abstained from an appearance, alleging, as an ex- 

 cuse, that, in his judgment, as well as the judgment of his government, 

 the facts were fully evolved and abundantly proved. He then gave 

 notice that if a final answer were not sent to him by the 6th of June, 

 he would be under the necessity of proceeding to the United States, in 

 compliance with instructions, to account in person for the delay, and 

 state the uselessness of his efforts. Under these circumstances, it 

 became necessary to intimate to the minister that the admission of his 

 reclamation had presented serious difficulties, the most stubborn of 

 which looked to the document signed by the two agents of the com- 

 panies which were taking out the guano, and attempted to be set aside 

 by a mere statement of the interested parties themselves, to the effect 

 that the document was a consequence of the compulsion and fraud 

 exercised by the officer to whom they delivered it. It therefore became 

 necessary that what had really occurred should be ascertained ; be- 

 cause, if the statements of American citizens were entitled to the cre- 

 dence of their legation, Venezuela, on her part, could not disregard 

 the reports of her citizens, much less so of those who, from the posi- 

 tion which they occupied and the duties which they performed, were 

 entitled to every respect and consideration. She could not but defend 

 her rights, whilst there was no way of ascertaining what had occurred 

 but that of interrogating those who must be acquainted with the occur- 

 rences. It was supposed that the object was to discuss a question 

 between equal States, and that Venezuela had the right to set forth 

 her objections, rebut proofs adduced by the claimants, and take time 

 to deliberate ; it was for this reason, and because, also, that the gov- 

 ernment would not have its defense made in the absence of, and with- 

 out notice to, its opponent, that the minister was invited to be present 

 at the investigation. Now, if, in the judgment of Mr. Eames, the 

 facts were fully evolved and abundantly proved, such was not the 

 opinion of the government and of its secretary of foreign relations. 

 It could not be pretended that Venezuela was bound to subscribe to 

 extrinsic judgments merely because they were such ; for. in that case, 

 discussion were nugatory, and nothing more were required than to 

 amerce the government at the discretion of the claimants. But besides 

 this, it was required that the decisions of the executive power should 

 be given within a short and peremptory period, made coordinate with 

 special and previously arranged circumstances, in which the American 

 legation found itself without the slightest relation to the state of 

 affairs between the two republics. Several times did Mr. Eames state 

 in conversation that he had asked and obtained from Mr. Marcy, the 

 Secretary of State, leave to visit his country ; he even exhibited an 

 official note in which this was mentioned, one, particularly, from Gren- 

 eral Cass in reference to the treaty pending between the two countries. 



