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Messrs. Gowen and Copeland, against Venezuela, for $20,000 damages, on the ground that as the islands, which were vacant and sterile, and lay far out to sea, were, at the time of the occupation, apparently "no man's land," the claimants possessel "an equity to be re...bursed for their outlay in taking possession of what was apparently derelict and abandoned property." (Commission under the treaty between the United States and Venezuela of Dec. 5, 1885, Int. Arbitrations, IV. 3354–3359.) Morant Keys.-J. W. Jennett claimed, May 23, 1869, to have discovered and taken possession of the islands in 1866. No action was taken by the Department of State beyond acknowledging the receipt of these and certain subsequent papers, as to the effect of which its opinion was reserved. (Mr. Evarts, Sec. of State, to Mr. Sherman, Mar. 20, 1878, 122 MS. Dom. Let. 228; Mr. Hunter, Acting Sec. of State, to Mr. Rice, Sept. 30, 1879, 130 id. 92.) The islands appear to have been annexed by Great Britain to Jamaica. (Mr. Frelinghuysen, Sec. of State, to Mr. Lamar, April 26, 1882, 141 MS. Dom. Let. 615; Mr. Porter, Assist. Sec. of State, to Messrs. Coudert, May 28, 1885, 155 id. 518.)

Mosquito Cays.-No claim has been made by the United States to these islands, which lie off the Mosquito coast (Nicaragua). (Mr. Uhl, Acting Sec. of State, to Mr. Lambert, Feb. 27, 1895, 200 MS. Dom. Let. 691. See also Mr. Marcy, Sec. of State, to Messrs. Thompson et al., Dec. 27, 1853, 42 MS. Dom. Let. 124.)

Nantucket, or New Nantucket, Island.-See Baker's Island.

Navassa Island.-Peter Duncan, Nov. 18, 1857, alleged discovery on the 1st of the preceding July and taking possession on the 19th of September. A certificate was issued by Mr. Cass, as Secretary of State, Dec. 8, 1859, and protection was given, against the protest of Hayti, to the citizens of the United States engaged in the removal of the guano. (Jones . United States (1890), 137 U. S. 202; S. Ex. Doc. 37, 36 Cong. 1 sess.) The United States denied the claim of Hayti on the ground that the latter had never established title to the island either by occupying it or by asserting and maintaining jurisdiction over it. (Mr. Fish, Sec. of State, to Mr. Preston, Dec. 31, 1870, June 10, 1873, MS. Notes to Hayti, I. 124, 153.) In 1889 serious riots occurred on the island, and several persons were killed. At the request of the United States consul at Kingston, Jamaica, a British war ship went to the scene. (Mr. Adee, Acting Sec., to Mr. Lincoln, Sept. 19, 1889, MS. Inst. Gr. Br., XXIX. 127. See President Harrison's Third Annual Message, Dec. 9, 1891; Mr. Adee, Second Assist. Sec. of State, to Gen. Harrison, Dec. 3, 1897, 223 MS. Dom. Let. 141.) Complaint was made by the Spanish minister, Sept. 4, 1896, that the steamer Dauntless had taken on board men, arms, and munitions of war at the island and landed them in Cuba in aid of the insurgents. (Mr. Rockhill, Acting Sec. of State, to the Attorney-General, Sept. 10, 1896, 212 MS. Dom. Let. 432. The men, arms, and ammunition were shipped on the steamer Laurada at Philadelphia, and were transferred to the Dauntless at Navassa. It was in connection with this transaction that John D. Hart was afterwards convicted of violating, at Philadelphia, section 5286 of the Revised Statutes of the United States, against unlawful expeditions.) It was reported, in 1898, that the island was seized and held by Haytians or Dominicans, who prevented a representative of the Navassa Phosphate Co. from landing and declared that the island no longer belonged to the United States. (Dispatch of Mr. Dent, U. S. consul at Kingston, July 10, 1898, MSS. Dept. of H. Doc. 551-37

See the New York Times, May 31,

State, 36 MS. Cons. Let., Kingston. 1901, as to the case of four men said to have been practically abandoned on the island in consequence of differences between persons who purchased from a receiver the rights of the Navassa Phosphate Co.) The United States had not abandoned the island. (Mr. Moore, Assist. Sec. of State, to Mr. Fowler, July 9, 1898, 230 MS. Dom. Let. 107. See, also, Mr. Hay, Sec. of State, to Mr. Fowler, April 15, 1899, 236 MS. Dom. Let. 354; Mr. Adee, 2d Assist. Sec. of State, to Messrs. Musgrave, Aug. 3, 1900, 246 MS. Dom. Let. 682.)

Pedro Keys.-Discoverer, J. W. Jennett, 1869; he filed a bond and received a certificate. (Mr. Fish, Sec. of State, to Mrs. Stevens, May 10, 1870, 84 MS. Dom. Let. 426.) In 1878 the United States consul reported that the British claimed a prior title. March 14, 1882, the British minister notified the Department of State that the islands had been formally annexed to Jamaica on the strength of possession taken "on behalf of Her Majesty in the years 1862 and 1863." (Mr. Frelinghuysen, Sec. of State, to Treasury, Dec. 5, 1884, 153 MS. Dom. Let. 366; Mr. Porter, Assist. Sec. of State, to Messrs. Coudert, May 28, 1885, 155 id., 518; Mr. Bayard, Sec. of State, to Treasury, May 7, 1887, 164 MS. Dom. Let. 114.)

Petrel Island.-Discoverer, J. W. Jennett, to whom a certificate was issued. (Mr. Fish, Sec. of State, to Mrs. Stevens, May 10, 1870, 84 MS. Dom. Let. 426.)

Phoebe Island.-Claimed by the American Guano Co. of New York, which, in January, 1877, stated that it had dispatched a vessel to the island with men and materials. (Mr. Hunter, Acting Sec. of State, to Mr. Russell, July 3, 1880, 133 MS. Dom. Let. 491.)

Quito Sereno.-Discoverer, J. W. Jennett; memorial filed, 1869; bond filed, Nov. 22, and approved Nov. 26, 1869. A certificate was duly issued (Mr. Fish, Sec. of State, to Mrs. Stevens, May 10, 1870, 84 MS. Dom. Let. 426), and the island was included in a list published by the Treasury, Oct. 12, 1871. The Colombian Government, Dec. 8, 1890, inquired whether the United States had authorized Jennett to remove guano from the island, which was, it declared, notoriously the property of Colombia. Mr. Blaine, Secretary of State, Jan. 19, 1891, answered in the affirmative, and questioned Colombia's title. (MS. Notes to Colombia, VII. 178.) The Colombian Government claimed that "Roncador and Quitasueño [Quito Sereno] form part of the archipelago of Providencia belonging to the Republic,” as successor of Spain; and that the inhabitants of the neighboring islands use them "for stations in certain periods of the year for the fishery of tortoise shells and to cultivate as much as possible that part of the territory." (Report of the Colombian min. of for. aff., 1894, For. Rel. 1894, 198.)

Rogues Islands (Los Rogues).-Citizens of the United States claimed to have discovered guano on the islands, but their claim of title was not considered sufficient to warrant official recognition under the law on the subject. (Mr. Fish, Sec. of State, to Messrs. Grange & Co., June 10, 1871, 89 MS. Dom. Let. 528.)

Roncador.-The facts in regard to the discovery and bonding of the island are the same as in the case of Quito Sereno, in the diplomatic correspondence concerning which Roncador is included. (Quito Sereno, supra.) A certificate or proclamation was alleged to have been issued in the case of Roncador by Mr. Fish, but no record of its issuance seems to have been

made in the Department of State. (Mr. Moore, Third Assist. Sec., to Mr. Jennett, Nov. 19, 1889, 175 MS. Dom. Let. 348.)

St. Paul's Rocks.-No notice appears to have been filed of the discovery of these islands, which lie in the Atlantic Ocean near the equator in about 30 W. long. (Mr. Uhl, Assist. Sec. of State, to Mr. Read, Nov. 15, 1893, 194 MS. Dom. Let. 270.)

San Andreas.-The opinion was expressed that the Department would not be warranted in further pressing a complaint against the Colombian Government in respect of this island. (Mr. Gresham, Sec. of State, to Mr. Winter, March 28, 1895, 201 MS. Dom. Let. 321.)

Serrannilla Keys.-Discoverer, James W. Jennett, Dec. 1866; declaration of discovery filed, May 24, 1869; bonds given, Sept. 8, 1879, and Sept. 13, 1880. Various assignments were made. (Mr. Brown, chief clerk, to Mr. Neymann, Jan. 24, 1879, 126 MS. Dom. Let. 230; Mr. Hunter, Acting Sec., to Mr. Rice, Sept. 30, 1879, 130 id. 92; Mr. Frelinghuysen, Sec. of State, to Mr. Ransom, Dec. 26, 1884, 153 id. 511; Mr. Porter, Assist. Sec., to Mr. Saunders, April 2, 1885, 154 id. 658; Mr. Day, Assist. Sec. of State, to Mr. Hildebrand, Nov. 16, 1897, 222 id. 460.)

Serrano Keys.-J. W. Jennett, by letters of Aug. 13 and 29, 1868, asserted a claim under the act of 1856 to the Island of Serrano and certain adjacent keys. The minister resident of Nicaragua and Honduras protested against the occupation of the islands, on the ground that they were within the jurisdiction of and occupied by Honduras. "This claim on the part of Honduras is now under examination by this Department. No certificate can be issued to you by this Department until the merits of that claim of the Republic of Honduras are settled." (Mr. Seward, Sec. of State, to Mr. Jennett, Sept. 14, 1868, 79 MS. Dom. Let. 312.) A certificate was issued to Jennett, Dec. 11, 1868. (Mr. Evarts, Sec. of State, to Mr. Russell, April 5, 1878, 122 MS. Dom. Let. 384.) His title "is apparently good and he or his legitimate assignee seems to be entitled to the protection of the United States against the interference of any foreign government." He appeared to have made assignments of his interest. (Mr. Fish, Sec. of State, to Mrs. Stevens, June 21, 1869, 81 MS. Dom. Let. 289.) Sombrero Island.—“ After careful investigation of the records and files of this Department nothing has been discovered to show that the title of citizens of the United States to the guano on that island was ever recognized by the President." (Mr. Seward, Sec. of State, to Mr. McCulloch, Aug. 14, 1868, 79 MS. Dom. Let. 204. See, also, Mr. Seward to Mr. Welles, Sept. 10, 1861, 55 id. 63.)

Swan Islands.-The "proof filed by the New York Guano Company, to secure the protection of the Government for their possession" was "considered sufficient to authorize the Government to extend the protection asked for, under the act of August 18, 1856." (Mr. Seward, Sec. of State, to Mr. Parish, March 23, 1863, 60 MS. Dom. Let. 68.) As the result of assignments, the rights under the act in 1894 were claimed by the Pacific Guano Co. (Mr. Uhl, Acting Sec. of State, to Mr. Brash, Feb. 27, 1894, 195 MS. Dom. Let. 590. See, as to the status of the islands, Mr. Gresham, Sec. of State, to Mr. Brash, Oct. 29, 1894, 199 id. 266. The papers relating to the islands are enumerated in Mr. Hill, Assist. Sec. of State, to Mr. Torrey, Nov. 19, 1898, 232 MS. Dom. Let. 608. See, also, Mr. Hill, Assist. Sec. of State, to Mr. Jewett, Feb. 17, 1899, 235 MS. Dom. Let. 35.)

Triangle Islands.-These islands are three in number-two of them constituting the Eastern Triangle, and the other the Western. See Western Triangle.

Vivorilla Key.—Julius R. Schultz made a claim as discoverer; but, as the key was claimed by both Nicaragua and Honduras, it was not recognized as appertaining to the United States. (For. Rel. 1888, I. 119, 132.) Neither Nicaragua nor Honduras, however, seemed disposed to disturb Mr. Schultz' possession. (Mr. Rives, Assist. Sec. of State, to Mr. Moale, Jan. 25, 1888, 166 MS. Dom. Let. 671; Dec. 12, 1888, 171 id. 71.)

Western Triangle.-Discoverer, J. W. Jennett, Feb., 1879; declaration, Sept.
1, 1879; bond, Sept. 13, 1880. (Mr. Gresham, Sec. of State, to Mr. Gordon,
Oct. 19, 1893, 194 MS. Dom. Let. 57.) Assignments were made. (Mr.
Payson, Third Assist. Sec. of State, to Mr. Lightenhouse, Jan. 23, 1880,
131 MS. Dom. Let. 342; Mr. Hay, Assist. Sec., to Mr. Olburn, March 2,
1880, 132 id. 46.) The island was afterwards stricken from the list.
(Mr. Uhl, Acting Sec. of State, to Treasury, Oct. 3, 1894, 199 MS. Dom.
Let. 49; to Mr. Brash, Oct. 15, 1894, id. 147; Mr. Gresham, Sec. of State,
to Treasury, Nov. 17, 1894, id. 437.)

Woody Island.-No notice of discovery seems ever to have been filed. (Mr.
Adee, Second Assist. Sec. of State, to Mr. Long, Nov. 18, 1887, 166 MS.
Dom. Let. 179.)

14. PROPOSALS OF ANNEXATION.

(1) CANADA.

§ 116.

The Articles of Confederation, 1778, provided: "Article XI. Canada acceding to this Confederation, and joining in the measures of the United States, shall be admitted into and entitled to all the advantages of this union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine States."

The text of the Articles of Confederation had been in existence, in its final form, nearly three months (since Nov. 15, 1777) when the treaty of alliance with France of Feb. 6, 1778, was signed. By this treaty it was stipulated (Art. V.) that, if the United States should think fit to attempt the reduction of the British power remaining in the northern parts of America, or the islands of Bermudas, those countries or islands, in case of success, should be confederated with or dependent upon the United States; and the King of France (Art. VI.) renounced forever the possession of the Bermudas, as well as of any territory on the North American continent then or previously belonging to Great Britain. He reserved, however (Art. VII.), the right to attack and obtain possession of any of the islands in or near the Gulf of Mexico which were then under the British power.

On July 2, 1866, the chairman of the Committee on Foreign Affairs of the House of Representatives reported a bill to the effect, that when the Department of State should be officially informed that Great Britian and the several British provinces in Canada accepted the proposi

tion of annexation, the President should declare by proclamation that Nova Scotia, New Brunswick, Lower Canada, Upper Canada, and the territories of Selkirk, of Sasketchewan, and of Columbia should be admitted into the United States as States and Territories." This resolution was not acted on, but on March 27, 1867, a resolution from the Committee on Foreign Affairs was passed in the House without opposition, to the effect that the people of the United States regarded with extreme solicitude the confederation proposed on the northern frontier without the assent of the people of the provinces to be confederated, such a measure being likely to increase the embarrassment already existing between Great Britain and the United States.'

"I enclose a copy of a paper purporting to be a memorial from inhabitants of British Columbia, urging the transfer of that colony to the United States, which has been presented to the President, and which has already been printed in the public papers of this city and elsewhere through the agency of the parties charged with its presentation.

"In an informal conversation with Mr. Thornton, he referred to this petition, and I showed him the original. As Mr. Thornton had very frequently and very openly, not only to me, but in the presence of others, expressed the willingness of the British Government to terminate its political connection with the provinces on this continent, whenever it should appear that a separation was desired by its present dependencies, I took the occasion to suggest that possibly the desire indicated by these petitioners, taken in connection with the troubles in the Red River or Selkirk settlement, and the strong opposition to confederation manifested in the maritime provinces, might induce his Government to consider whether the time was not near when the future relation of the colonies to Great Britain must be contemplated with reference to these manifestations of restlessness, and to some extent of dissatisfaction with their present condition.

"I need not, however, multiply the arguments which tend to the conviction that at no very distant day the question of the independence of this territory must be practical and pressing.

"If Great Britain will assent to such independence, the danger of a strife upon our borders, and of an Indian war, originating in the British possessions, but not recognizing the boundary which that Government and the United States have accepted, will be avoided.

"You will exercise your discretion in reference to this question, availing yourself of every opportunity to obtain information as to the real sentiments of the British Government on the question of the separation of the colonies from the mother country, and when opportunity

a Amer. Ann. Encyclop. 1866, 78.

› Amer. Ann. Encyclop. 1867, 275; 2 Lawrence Com. sur droit int. 313.

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