AYES ISLAND. 409 



It is wortli while to examine liow he lias attempted to extricate himself 

 from the dilemma. 



It is important to bear in mind that in December, 1854, occurred the 

 act originating the present controversy^ and also that the government 

 of Venezuela leased the island to- Mr, Wallace. The Pickrell claim 

 originated in September, 1855. 



Well, then, Mr. Eames, in his note of March 31, 1857, says to Senor 

 Gutierrez : 



"Both the government of the United States and the undersigned 

 distinctly and affirmatively refused all manner of sanction to that con- 

 tract, in so far as it related to the Island of Aves in question ; and this 

 refusal of all such sanction vi^as officially made known to the govern- 

 ment of Venezuela by the undersigned in his immediate notification 

 to the government of Venezuela in the month of March, 1855^ of the 

 claim of these claimants for full indemnification for their unlawful ex- 

 pulsion in consequence of that contract from the Island of Aves." 



The first conception in the preceding paragraph seeks to establish 

 that it belonged to Mr. Eames to sanction the Wallace contract. Such 

 intervention, indeed, was altogether inconsistent with the nature of 

 the case from the outset. 



As to the immediate notification, the government of Venezuela re- 

 plied in its note of 31st October ultimo, as follows : 



" It is not correct that Mr. Eames has clearly and affirmatively refused 

 to sanction the contract in so far as it relates to Isla de Aves, although 

 in 1855 he alluded, while in conversation with the secretary of foreign 

 affairs, Senor Aranda, to the claim which some individuals residing 

 thereon endeavored to establish." 



This conversation took place about the latter part of March, 1855, 

 and the same official note from Mr. Eames to Mr, Marcy, April 26, 

 1855^ — the first upon the subject — goes to show that the aforesaid con- 

 ference was not intended solely, distinctly, and affirmatively to refuse 

 the sanction of the Wallace contract, but to acquire data for officially 

 grounding the Shelton claim. 



"I had learned most of these facts when, in the last days of last 

 month, (March,) shortly after the receipt of your instruction, I brought 

 the matter to the attention of this government. I preferred to do this 

 first in conversation, for I have heard something to the effect that the 

 Americans on the island had^ upon the arrival of the Venezuelan ves- 

 sels there, signed a contract, &c. 



"I therefore, in a personal interview, placed before the Minister of 

 Foreign Relations as distinctly as possible the main facts of the case, 

 as presented in your instruction and the accompanying paper, express- 

 ing my astonishment at the course pursued by Venezuela, and stating my 

 expectation that the wrong would be at once recognized and repaired," 



' ' In reply the minister at once and very confidently denied that any 

 wrong had been intended or done, and that any reparation could be 

 properly claimed. He insisted, &c." 



"I expressed strongly my dissent from his opinion, &c. 



''I told him I was aware of the Wallis (Wallace) contract, and also 

 aware that Venezuela had inserted a clause plainly showing a conscious- 

 ness that the island was not hers, by refusing to guaranty the privilege 



