AVES ISLAND. 403 



hj which Spanish discoverers were to be governed in taking possession 

 of territories in America. It runs thus: "We command chiefs, cap- 

 tains, and any other persons who may discover any island or main 

 land, on landing thereon, to take possession thereof in our name, per- 

 forming such acts as may be deemed expedient, and authenticating the 

 same in a public form and manner to serve as testimony. (Law 11, 

 tit. 2d', book 4th of Compilation of Indies.) 



In 1526 all the Windward Islands, among which Isla de Aves is 

 included, and those on the coast of Terra Firma, were comprised, 

 together with the dependency of Venezuela, in the jurisdiction of the 

 Audiencia of St. Domingo. (See Law 2d, tit. 15th, "book 11th of Com- 

 pilation of Indies.) 



In said compilation we read the regulations of subseq^uent date which 

 the Spanish government dictated for the navigation and commerce of 

 the Windward Islands. They are acts of jurisdiction, showing indu- 

 bitably that Spain did po'ssess Isla de Aves until the early part of this 

 century, when it became the property of Venezuela, as will be seen in 

 the sequel. 



It is, therefore, evident, in respect to an uninhabitable island, that 

 the possession in dispute could not have been material, but, as it is 

 termed in law, civil, in habitu, which consists in holding the thing 

 habitually or mentally, just such a possession as the various nations 

 of Europe and America, and even Venezuela, still maintain of other 

 uninhabitable islands in the Caribbean sea, Los Monjes, Los Hermanos, 

 &c., figuring among them. 



By no possible logical argumentation can it be asserted that Spain, 

 as it pleased Mr. Marcy to suppose, ever renounced the right of pos- 

 session during the period of her sway, on the plea of Isla de Aves being 

 uninhabitable or worthless at that time. If these conditions were 

 necessary for the retaining of possession, no nation could rest secure in 

 relation to such islands as are unsusceptible of material occupation. 

 This is the reason why the law of nations has consecrated the doctrine 

 "that, when there are in any State desert and uncultivated places, no 

 one is authorized to take possession thereof without the consent of the 

 sovereign. Although not in actual use of such places, he is, notwith- 

 standing, the possessor; it is his interest to preserve them, and he is 

 not accountable to any person for the manner in which he makes use 

 of the property." 



Moreover, the same Compilation of Indies precludes all doubt upon 

 this point, granting there was any. The Emperor Charles V. and his 

 successor, by various express royal acts, on declaring themselves lords 

 of the West Indian Islands and continents already discovered, and in 

 the way of discovery, dictated the following: "And considering the 

 faithfulness of our subjects, and the hardships endured by the discov- 

 erers and settlers in the discovering and settling thereof, we do, in 

 order to their greater certainty of and confidence in those lands always 

 remaining united to our royal crown, promise and pledge our faith and 

 royal word, for us and the kings, our successors, never to alienate nor 

 separate them, neither their cities nor towns, for any cause or reason, or 

 in favor of any person; and, if we or our successors should make any 

 donation or transfer in defiance of the above, the same to stand null. 



