No. 517.
Mr. Bayard
to Mr. White.
Department
of State,
Washington
,
April 30,
1888.
No. 862.]
Sir: A dispatch recently received from Mr. Merrill,
United States minister resident at Honolulu, advises the Department that Her
Britannic Majesty’s ship Caroline, commanded by Sir
William Wiseman, had returned to Honolulu, after three weeks’ cruise, in the
course of which her commander had taken possession, on behalf of the
Government of Great Britain, of the three islands known as Fanning,
Christmas, and Penrhyn, lying from 1,000 to 1,800 miles southerly from
Oahu.
In view of this intelligence, it is proper to recall to Her Majesty’s
Government the correspondence exchanged with my predecessor, Secretary
Evarts, by Sir Edward Thornton, in 1879, relative to the possessory right to
Christmas Island, “situated in 1° 40’30” north latitude and 157° 14’ 77”
[sic] west longitude,” which is presumed to be
the same Christmas Island of which the British occupation is now
reported.
Copy of the correspondence referred to is herewith inclosed for your
information.
It seems proper, under the circumstances, and in default of more precise
information, to reserve all other questions which may grow out of the
reported occupation of the island.
I am, etc.,
[lnclosure 1 in No. 862.]
Sir Edward Thornton
to Mr. Evarts.
Washington
,
January 29,
1879.
Sir: I have been instructed by the Marquis of
Salisbury to make some inquiries of you with regard to Christmas Island,
which is situated in 1° 40’ 30” north latitude, and 157° 14’ 77” west
longitude.
[Page 713]
This island was discovered by Captain Cook in 1777. In 1865, an
application having been made by certain British subjects for leases of
various islands in the Pacific, including that island, to enable them to
export guano therefrom, the question of the sovereignty of Christmas
Island was investigated, and it was decided that it might be considered
as accruing to the Crown.
Licenses for that island and two others were accordingly issued to Dr.
Crowther, of Tasmania, who occupied them, but as he found them
unproductive, the license was canceled at his request in 1869.
Fresh licenses for the same island were granted on the 9th of June, 1871,
to Mr. Alfred Houlder, for the term of nine years. But two of the
islands were found to have no guano upon them, and with regard to
Christmas Island, when a gentleman, Dr. Weston, went down to survey the
deposits thereon, he found on his arrival (July 5, 1872) that the island
had a few days previously been taken formal possession of by the United
States ship Narragansett, a notice to that effect
having been fixed to a board erected on the shore; and that it was then
in the occupation of three men in the employ of Mr. C. A. Williams, of
Honolulu.
Under these circumstances Mr. Houlder made application that his licenses
might be canceled and Her Majesty’s Government, although it considered
that it had exercised sufficient possessorial rights to support its
claim to the sovereignty of the island, complied with Mr. Houlder’s
request, and his lease was canceled. He now writes, however, that he
learns that Mr. Williams has given up the occupation of the island, and
he solicits a fresh license. Before, however, taking this new
application into consideration, Her Majesty’s Government would be glad
to be informed, with a view to avoid any question as to the right of
sovereignty over Christmas Island, whether the Government of the United
States has finally abandoned and withdrawn its claim to the island in
question. Lord Salisbury has consequently instructed me to invite you in
a friendly way to communicate to me, for the information of Her
Majesty’s Government, the views of your Government upon this
subject.
I have, etc.,
[Inclosure 2 in No. 862.]
Mr. Evarts to Sir
Edward Thornton.
Department of State,
Washington
,
April 1,
1879.
Sir: I have the honor to acknowledge the
receipt of your note of the 29th of January last, in regard to the
possessory right to Christmas Island, situated in the Pacific Ocean in
1° 40’ 30” north latitude and 157° 14’ 77” west longitude, and
discovered by Captain Cook in 1777.
It is stated that upon application being made in 1865 by certain British
subjects for leases of various islands in the Pacific, including this
one, to enable them to export guano therefrom, it was decided after
investigation that the sovereignty of the island might be considered as
accruing to the Crown.
Accordingly a license was issued to Dr. Crowther, of Tasmania, for
Christmas and two other islands, which he occupied, but finding them
unprofitable his license was cancelled at his request in 1869. Anew
license was granted on the 9th of June, 1871, to Mr. Alfred Houlder, for
a term of nine years.
Two of the islands were found to have no guano upon them, and when Dr.
Weston went to survey the deposits on Christmas Island, he found on his
arrival there, July 5, 1872, that the island had a few days previously
been taken possession of by the United States ship Narragansett, a notice to this effect having been fixed to a
board erected on the shore, and that it was then in the occupation of
three men in the employ of Mr. C. A. Williams, of Honolulu. Under these
circumstances Mr. Houlder applied to have his license canceled and Her
Majesty’s Government, notwithstanding its opinion that it had exercised
sufficient possessorial right to support its claim of sovereignty over
this island, complied with Mr. Houlder’s request. This gentleman, having
since learned that Mr. Williams had given up the occupation of the
island, now solicits a new license. But before acting upon this
application Her Majesty’s Government, in order to avoid any question as
to the right of sovereignty over Christmas Island, inquires whether the
United States has finally abandoned and withdrawn its claim to the
island in question.
In reply I have the honor to inform you that, upon an examination of the
files of the Department of State, it is ascertained that the American
claim to the guano deposits on Christmas Island vested primarily in Mr.
A. G. Benson, of New York, under the following circumstances: Mr. Benson
having obtained from Capt. John Stetson, of New Haven, Conn., who is
stated to have discovered deposits of guano on the [Page 714] island at some time prior to 1857, a deed
of conveyance of all possessory right in the same, dated May 11, 1857,
empowered Capt. J. L. Pendleton, master of the ship John Marshall, of New York, to take possession of the island,
which was accordingly done on the 20th of June, 1858, by Captain
Pendleton, in the name and on behalf of Alfred G. Benson, of New York,
and his associates, in conformity with the act of Congress of August 16,
1856.
The United States Guano Company, the present owners of the guano deposits
of Christmas Island, have acquired their title—
-
First. By the quit-claim deed of
assignment, dated May 11, 1857, made prior to the taking
possession by John Stetson and wife, of New Haven, Conn., to
Alfred G. Benson, of New York, conveying all their right, title,
and interest in and to the guano deposits discovered on
Christmas Island.
-
Second. By the act of taking possession
on the 20th of June, in the name and on behalf of Alfred G.
Benson, this possession complies fully with the act of August
16, 1856, and of itself carries title; the deed of conveyance
from Stetson and wife serving, however, to quiet any prior claim
on their part arising founded on discovery.
-
Third. By deed dated May 13, 1857, from
A. G. Benson, aforesaid, to G. W. Benson, of New York, granting
all of his right, title, and interest therein, conveyed to him
by deed from John Stetson and wife.
-
Fourth. By deed dated November 24,
1858, from George W. Benson, aforementioned, to the United
States Guano Company, of New York, conveying all of his right,
title, and interest in said discoveries, ceded to him by deed
from A. G. Benson.
And it further appears that the United States Guano Company have given an
approved bond in accordance with the requirements of the act of Congress
referred to, the provisions of which law are now embraced in Title LXXII
of the Revised Statutes of the United States.
There being no other papers touching the question of ownership to the
guano deposits on said island than those mentioned above, and no
notification that said company have abandoned the island on file in the
Department, they are still considered to be entitled to the protection
guarantied by the laws of the United States in their possessory right,
so far as such occupation may be necessary to secure the company or its
assigns the deposits of guano found thereon.
I have, etc.,
