AVES ISLAND. 347 



of Venezuela," And article fifth of the constitution, which obtained 

 in Venezuela in the year 1854, which says: "The territory of this re- 

 public includes all that, previous to the political transformation of 1810, 

 was denominated captaincy general of Venezuela," in which captaincy 

 was comprehended Aves Island, according to the royal letters patent 

 which created the audience of Caraccas, as will hereafter be explained, 

 subjecting said island to its jurisdiction. The jurisdiction of Vene- 

 zuela was, therefore, established over the island under the Spanish 

 domination by virtue of a document which is, perhaps, unpublished. 

 Now, admitting the case that this island should never have been visited 

 by any Venezuelan, it certainly is no proof that it had no owner, since, 

 as has already been stated, a country may remain uninhabited and still 

 have an owner ;^whilst to be susceptible of occupation it must be unin- 

 habited and without an owner. That Mr. Codazzi should have been 

 commissioned for the construction of plans of the provinces of Vene- 

 zuela — that he should have collected geographical, physical, and statisti- 

 cal information — that the time for the presentation of the results of his 

 commission should have been extended, because much of his time had 

 been otherwise devoted to a different service — that orders were given 

 to assist him with funds and all such data as he might deem necessary 

 for consultation — that his work was appreciated in France — that the 

 Venezuelan congress considered Mr. Codazzi' s services to be highly 

 important in the construction of the map of Venezuela and in the pub- 

 lication of the geography and history of the country, and for these 

 reasons allowed him a number of copies of his work in payment of the 

 $15,000 which had been furnished him for the engraving of the map 

 of the republic and the printing of his geography and history. Nothing 

 of all these proves that his work was an official one in the true sense 

 of the word, and much less that it has been approved for perfection or 

 accuracy in all its parts. Let it be remarked that his publication was 

 not made at the nation's expense, nor that it was declared official by 

 any public act. A work may be worthy of appreciation, yet not, there- 

 fore, be free from errors ; much more so if it be an intricate work and 

 require a long examination of the matters treated of. Mr. Eames goes 

 on with the analysis of the proposition that the island belonged to 

 Venezuela prior to 1854, as the successor of Spain who discovered it, 

 for the purpose, as he says, of pulling it to the ground and scattering 

 it to the winds; but instead of Aveakening he has strengthened it still 

 more, as will be seen. 



The United States, says Mr. Eames, maintain that the "Aves" was 

 never reduced to the possession of Spain, or that, if it was so, it was 

 soon abandoned and derelict, and that if the title of Venezuela to 

 claim a right to that island is derived from that which Spain had, it 

 would then become necessary to prove the truth of nine propositions 

 which he lays down, the first of which only he admits, namely: "The 

 'Aves' was discovered by Spain." 



Spain discovered the new continent, and by her exertion conquered 

 a large portion of it, introducing there her population, her civiliza- 

 tion, and her industry. Equity demanded that she should be consid- 

 ered by the European powers as the original mistress of those lands, 

 and she effectually was so considered. The right of first occupancy. 



