No. 89.
Mr. Bayard to Mr. Hall.

No. 540.]

Sir: I inclose for your information copies of papers, under oath, in relation to the claim of Julius R. Schultz, under Title LXXII of the Revised Statutes of the United States, as discoverer of guano deposits on Vivorilla Key, off the coast of Honduras.

I have explained in a letter to Mr. J. Gorham Moale, of Baltimore, of to-day’s date, that the decision of the Department upon the claim of Mr. Schultz had been deferred, owing to a question of sovereignty over the island, and promised to acquaint him of the result of the Department’s investigation as soon as practicable.

Accordingly, I will thank you to ascertain whether Vivorilla Key is under the dominion of the Government of Honduras, or other nation.

In this connection reference is made to your No. 41, of December 14, 1882, upon the subject.

I am, etc.,

T. F. Bayard.
[Inclosure in No. 540.]

Affidavit of Julius R. Schultz.

To the Department of State of the United States of America, Washington, D. C.:

I, the undersigned, Julius R. Schultz, a citizen of the United States, in accordance with and in pursuance of the provisions of the Revised Statutes of the United States, Title LXXII, entitled “Guano Islands,” and the amendments thereto, do respectfully give notice to the Department of State that on the 20th day of March, 1886, I discovered a deposit of guano, on a key of coral or limestone formation, on a reef about 4 miles in length, running north-northwest by south-southeast, in about latitude 15° 51’ north, and longitude 83° 19’ west.

The measurements of said key, called Vivorilla Key, are as follows, viz: Height, 15 feet; breadth, 380 feet; length, 1,550 feet.

That on the 31st day of January, 1887, I took peaceable possession of said key in the name of the United States and have since that time retained, and still retain, peaceable possession thereof. That at the time of the said discovery and of the taking possession of said key as aforesaid, the said key was not in the possession or occupation of any other Government, or of the citizens of any other Government. And I file herewith my declaration, made before Robert Shepherd, acting consular agent of the United States, Bluefields, Nicaragua; and the declaration of Capt. Jacob A. Peterson, marked Exhibit J. R. S. No. 1,* and a certified copy of the declaration of Capt. A. Hodgson, made before John S. Augustine, consular agent of the United States at the same place, marked Exhibit J. R. S. No. 2.*

All of which is respectfully submitted.

J. R. Schultz.
[Page 120]

United States of America,
District of Maryland, City of Baltimore, ss:

Before the subscriber, George Morris Bond, a commissioner appointed by the circuit court of the United States for the fourth circuit in and for the Maryland district, personally appeared before me, this 14th day of September, 1887, Julius R. Schnltz, and made oath in due form of law that the matters and facts set forth in the aforegoing declaration or instrument of writing are true as therein set forth, and at the same time subscribed the same in my presence, “J. B. Schultz.”

George Morris Bond ,
United States Commissioner for the District of Maryland.
  1. Inclosures not printed herewith.
  2. Inclosures not printed herewith.