408 AVES ISLAND. 



possession, subsequent discoverers may take possession of and occupy 

 such derelict island: 



"And whereas, also, such subsequent discovery, possession, and occu- 

 pation, whether by a commissioned officer of the United States or by 

 a citizen thereof not in the public service, doth cause to inure to and 

 vest in the federal government of the United States the plenary right 

 of sovereignty or eminent domain over and to the same, unless ex- 

 pressly declined by the Executive or the Congress of the United 

 States : 



"And whereas, also, said discovery and possession and occupation 

 by such citizen vest in such citizen the right to possess such island, 

 key, or rock, and exercise the ownership thereof and of all that may 

 be found thereon exclusively against all States and persons whatsoever 

 except the government of the United States aforesaid, which has full 

 power to restrain or regulate such exercise, and to limit such exercise 

 by law: 



"And whereas, to allow commissioned officers or others in the 

 public service of the United States to acquire such individual rights 

 by such discovery whilst engaged in the fulfillment of their public 

 duties might be prejudicial to the public interest: 



"And w^hereas, also, in such cases of discovery by private citizens, 

 they should be protected in their said rights by the federal govern- 

 ment, therefore, be it enacted," &g. 



The conceptions contained in the above clearly show that the pro- 

 positions contrary to those they involve are those generally received, 

 and for this reason it was the pretension of the claimants to destroy 

 them by a legislative act sanctioned expressly for the case. 



It is idle to say that such insane principles as those set down in the 

 clauses of the project could be sanctioned by the Congress of the 

 Union. They were rejected. 



It has been demonstrated that the claimant's clandestine expedition 

 from the United States, not having discovered Isla de Aves, nor having 

 taken possession of the same by an express commission from the nation, 

 could not acquire a title of property worthy of respect by other nations, 

 and therefore lack the right to any legitimate protection on the part 

 of the federal government. 



PROPOSITION FIFTH. 



The government of the United States has recognized the sovereignty/ 

 of Venezuela over Isla de Aves. — Nothing more eloquent than the facts 

 relating to this point, which have been set forth in chronological 

 order. 



It follows, therefore, that the legation of the United States then re- 

 garded Isla de Aves as the property of Venezuela, so as to ask for the 

 usufruct thereof in favor of the Wallace assignees, and now looks upon 

 it as the property of American citizens, in order to support and confirm 

 the present claim for indemnification. 



Such is the delicate, not to say false position in which the govern- 

 ment of the United States has been placed by the acts of Mr. Eames. 



