CO885-(10-11) — Page 277

100

807.

PUBLIC RECORD OFFICE

Reference:

TILLIC.O.

885

10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. COPYRIGHT PHOTOGRAPH-NOT TO

No. 227.

(VIRGIN ISLANDS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Lincoln's Inn, January 20, 1864. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 13th January instant, stating that he was directed by your Grace to submit to us, for our consideration, the accompanying draft license prepared by the Colonial Land and Emigration Commissioners, by which it is proposed to grant to Mr. F. Dumas the right of exporting from the Island of Sombrero certain phosphates used as manure.

Sir Frederic Rogers was also pleased to state that the circumstances connected with the preparation of this license may be shortly stated, as follows :—

That Sombrero is a barren rock 50 or 60 miles east of the Virgin Islands, about a mile and a half long by half a mile wide in its broadest part. That in 1856 Captain Jordan, an American citizen, took possession of it in the name of the United States, and found the rock of which it is composed to contain phosphates useful for manuring purposes. That Captain Jordan transferred his rights and interests (such as he supposed them to be) in the alleged discovery to the firm of Ross, Wood and Son of New York, who in 1857 entered upon the island, and erected buildings and works for Quarrying and exporting the phosphates, for which purpose they employ and maintain at their own expense a population on the spot varying from 200 to 300 people. That in March last, however, Captain Tatham of Her Majesty's frigate " Phaeton" arrived at the island and, claiming it as part of Her Majesty's possessions, took down the American Flag.

That Captain Tatham's proceedings formed the subject of a correspondence between the Government of Her Majesty and that of the United States, and the latter Govern- ment observed that while their complaint "with regard to these proceedings was not "based upon any claim of sovereignty on the part of the United States over the island referred to," they were not "prepared to acknowledge that the pretensions of Great Britain had any just foundation in fact or in law."

That Her Majesty's Government claim the island as British territory, but are willing to allow Messrs. Wood and Son to work it on the terms set out in the annexed draft. That the Government of the United States are desirous that their citizens should be thus secured in possession of a valuable privilege, but are unwilling to take any step which will acknowledge the right of Great Britain as that of recommending Messrs. Wood to apply for a lease.

That under these circumstances Messrs. Wood desire that the lease should be made out to their London agent, Mr. Dumas, a British subject.

That the course which your Grace would propose to adopt is that of issuing the license to Mr. Dumas in terms of the enclosed draft with a clear understanding which might be stated to the Government of the United States, that that Government in advocating the rights of its own citizens, is not to be considered as either acknow- ledging or denying the claims of Great Britain to the sovereignty of Sombrero, but your Grace would be glad to learn whether after perusal of the enclosed correspondence 25 June 1868. we see any preferable course, or any objection to the terms of the license.

C.O., 4 July -1865.

In obedience to your Grace's commands, we have taken this matter into considera- co., 39 July tion, and have the honour to

Report

1868.

F.O., 8 August

1863.

F.O., 22 July 1863.

F.O., 31 Aug. 1863.

That we think the terms of the proposed license (if agreed to by the licensee) are F.O., Sept. proper; and it does not appear to us that there is any objection to the course proposed to be adopted, or that any other course would be preferable thereto.

1863.

1863.

F.O., 9 Dec.

Mr. Weill, 80

His Grace the Duke of Newcastle, K.G.

&c.

&c.

&c.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER.

o 16278.-203. 15.-9/86.

Sept. 1863.