AVES ISLAND. 305 



to the partners of the first two companies, we cannot see the object of 

 adding to the other declarations the deposition of Nickels who, in the 

 month of January, 1855, went with a vessel to take out guano at Aves 

 Island, and who, upon being prevented doing so by the garrison, ex- 

 tended his protest on his return to the city of New York. This point 

 has already given rise to certain observations laid down in the first 

 answer of the government; but Mr. Eames has absolutely neglected to 

 notice them in his answer. Admitted, as they are, their consequences 

 ought to be accepted, instead of being resisted, as is the case. 



Mr. Eames further remarks, that ''it is not in clear and express 

 terms that the expulsion of those claimants, in the manner in which 

 it was made, was a lawful and justifiable act ; nor is it anywhere 

 denied, ex23ressly and absolutely, that the government of Venezuela 

 lies under the obligation of repairing the wrong which it inflicted 

 upon them by its act." 



In the very words used by Mr. Eames it was not necessary to de- 

 clare the judgment of the government 'in relation to the act which 

 gave rise to the claim ; it was enough that the latter should have been, 

 as it was, met by a denial, to understand that it did not admit the 

 principle of responsibility which was attempted to be fastened upon 

 the nation. All the arguments adduced in the first answer made to 

 the American legation converge to a defense of the republic from the 

 charges brought against it, and a repelling of the indemnifications 

 demanded at its hands. That answer made out the absence of right 

 on the part of the Americans to appropriate the guano of Aves Island 

 to themselves ; their assent to the right of this country to the island ; 

 the origin of its acquisition ; the fact that the government of the 

 United States had recognized it through the protection which it gave 

 to Pickrell's claim; the inability of individuals to acquire in compe- 

 tition with a Qtate; the contradiction of Mr. Eames in asserting that 

 the island was derelict, and never had been subject to the jurisdiction 

 of any power, and that, as a thing common, Americans might enjoy 

 it, but other individuals or nations might not. It concluded with a 

 hope, that in view of the reasons adduced, the equitable Cabinet of 

 Washington would desist from a claim which there were powerful 

 grounds not to admit. It w^as impossible more formally to deny the 

 application. Its rejection necessarily involved a denial of the asser- 

 tions upon which it rests. 



But the expulsion so repeatedly mentioned did not take place. 

 Neither the Executive power, nor the force acting in its name, had the 

 most remote intention of offending the Americans, although they lacked 

 no right to proceed against them. Convinced that Aves Island was 

 the property of the State, they exercised one of the rights derived from 

 property, namely, that of preventing its enjoyment by other persons, 

 a course v^hich can in no way inflict injury on any one. But even 

 should not dominion over the island reside in Venezuela, the conduct 

 of the opponents has taken away from them all right to complain of 

 violence. First, when Colonel Dias arrived at the island, he there 

 found th»ee vessels at anchor, the smallest of which was 500 tons and 

 another one 800 tons. Engaged in loading them with guano, were 

 Ex. Doc, 10 20 



