In compliance with a resolution of the Senate of January 13, 1868, correspondence in relation to a claim to the guano on Alto Velo, an island in the vicinity of Saint Domingo.

MARCH 6, 1868.-Read and referred to the Committee on Foreign Relations.
MARCH 9, 1868.-Ordered to be printed.

WASHINGTON, March 6, 1868.

To the Senate of the United States:

I transmit to the Senate the accompanying report of the Secretary of State, in answer to their resolution of the 13th January.

ANDREW JOHNSON.

DEPARTMENT of State,

Washington, February 12, 1868.

The Secretary of State, to whom was referred the resolution of the Senate of the 13th ultimo, requesting the President to communicate to that body, "if deemed compatible with the public interest, a copy of any official correspondence on the subject of a claim, under the act of Congress of the eighteenth of August, eighteen hundred and fifty-six, by any citizen of the United States, to the guano on Alto Velo, an island in the vicinity of Saint Domingo," has the honor to submit to the President the accompanying report, together with a further argument of the claimants which has been filed in the Department of State.

Respectfully submitted:

The PRESIDent.

WILLIAM H. SEWARD.

ALTO VELO.-CLAIM OF PATTERSON AND MURGUIENDO.

DEPARTMENT OF STATE, January 17, 1867.

The Secretary of State has the honor to submit the following report:

GUANO ACT OF 1856.

What is called the Guano Island act became a law on the 18th Appendix No. 1. of August, 1856. The law substantially declares that when any citizen or citizens of the United States may have discovered, or shall hereafter discover, a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any government, and not occupied by the citizens of any other government, and shall take peaceable possession thereof and occupy the same, said island, rock, or key may, at the discretion of the President of the United States, be considered as pertaining to the United States: provided, however, that notice be given by the discoverer, as soon as practicable, to the Department of State of such discovery, occupation, and possession, verified by affidavit, describing the island, rock, or key, and the latitude and the longitude thereof, and showing that such possession was taken in the name of the United States; and that satisfactory evidence be furnished to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof, in the possession or occupation of any government, or of the citizens of any other government. The law further declares that the discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying such islands, rocks, or keys for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States for the purpose of being used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars per ton in its native place of deposit provided, that no guano shall be taken from said island, rock, or key except for the use of citizens of the United States, or of persons resident therein : provided, further, that the discoverer, or his assigns, first enter into bonds, with such penalties or securities as may be required by the President, to deliver the guano to citizens of the United States for the purpose of being used therein, and to none others, at the price aforesaid, and to provide all necessary facilities for that purpose within a fixed time; aud that a breach of the provisions of the bond shall be deemed a forfeiture of all rights secured under and by virtue of the law. The law still further declares that the President of the United States is thereby authorized at his discretion to employ the land and naval forces of the United States to protect the rights of the discover or his assigns.

HISTORY OF THE CLAIM.

The documents are voluminous, controversial, and conflicting. W. T. Kendall, in a letter to the Secretary of State, May 14, 1860, stated that his Appendix No. 2. brig Delta, of Baltimore, Captain R. Daulby, on the 19th of March, 1860, discovered a deposit of guano upon Alto Velo island; that he took pos session of the island, loaded his vessel with guano and sent her home, Captain Daulby remaining on the island with two men to work and hold possession. Kendall alleged that the island lay out of the jurisdiction of any other govern ment, and that it was uninhabited at the time of discovery. He concluded his letter with a request that the Secretary of State would cause a proper entry to be made in Kendall's name as owner and discoverer of said guano deposit. Patterson and Murguiendo, about the same date, wrote. to the Secretary of State upon the back of a printed copy of the Guano Island law. Appendix No. 3. They assumed to give notice to the Secretary of State that in con

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formity with the aforesaid law they had taken possession of the island of Alto Velo, in the Caribbean sea, latitude 17° 28' 11", longitude 71° 41' 30"; that the island was then in their possession and was occupied by Captain S. R. Kimball and crew of the schooner Boston, (port not specified.) Patterson and Murguiendo proceeded in their letter as follows: "When we get our duplicate letters, the originals of which were sent us through Captain Daulby, of the brig Delta, which, by some unaccountable and unexplained reason, have not as yet come to hand, we will furnish the department with full particulars and the necessary proofs called for by this act.' The writers, added: "We would have given this notice to the Department (of State) on the 29th of April, 1860, on receipt of our second letters of that date, but waited for the original letters, which contained full particulars."

Appendix No. 4.

KENDALL'S PROOFS.

William T. Kendall wrote to the Secretary of State, June 5, 1860, and submitted proofs that he had discovered a deposit of guano on the island of Alto Velo, and that he had taken possession of and located himself upon it. Upon these proofs he asked the Secretary of State to prescribe his bonds in comformity with the act, and said that he had a vessel ready to send to the island, and wished to go there properly authorized. Kendall's proofs, thus submitted, were substantially the following:

Appendix No. 5.

A deposition made, on the 6th of June, 1860, by George W. Goslin, James Gordon, and John Pugh, to the effect, namely, that Kendall, on the 28th day of January, 1860, fitted out at Baltimore the brig Delta, and despatched her, under the command of Captain Richard Daulby, to the Caribbean sea; that Goslin, Gordon, and Pugh, on the 19th of April arrived in the said brig Delta at an island "called Alta Vela, lying in latitude 17° 30′, longitude 72° 40', about forty miles from the island of San Domingo ;" that they landed upon the island, and found there at least 15,000 tons of guano. Goslin, Gordon, and Pugh further depose, that the said island was at the time uninhabited, and that it bore no traces of having been at any previous time inhabited; that, being unclaimed and not occupied, said Captain Richard Daulby took possession of the island in the name of the United States, and for the benefit of W. T. Kendall; that they raised a flag and built a house upon the island, loaded the brig [Delta] with guano, and sent her to Baltimore to W. T. Kendall, in command of [the before-named] Goslin. They further deposed that Captain Daulby remained in possession of the island. The deponents then gave description of the guano, which they valued at fifteen dollars a ton.

Appendix No. 6.

CORRESPONDENCE OF THE STATE DEPARTMENT.

The papers before recited being on file, Mr. Appleton, Assistant Secretary of State, wrote, on the 7th of June, 1860, to W. T. Kendall. Mr. Appleton acknowledged Kendall's communication, and informed him that a letter had been addressed to the Department on the 14th ultimo by Patterson and Murguiendo, claiming to have taken possession of "Alta Vela" island, in latitude 17° 28' 11", longitude 71° 40′ 30′′, under the guano act; and that at the date of their letter it was still in their possession and occupied under their authority by S. R. Kimball and crew of their schooner Boston. Mr. Appleton remarked that no evidence was furnished by Mr. Kendall of the quantity of guano upon the island, and no certificate of any respectable chemist as to its quality; and further, that since, from the name of the island, it must have been discovered by Spaniards, and from its position might be claimed as within the jurisdiction of the Dominican Republic, a compliance with the request to prescribe at that time the penalty of the bond was not deemed advisable.