jones argued decided november atty miller gray indictment found district district maryland remitted circuit rev alleging henry jones late district september navassa island place sole exclusive jurisdiction jurisdiction particular state district time committing offenses manner form hereinafter stated persons hereinafter named island situated caribbean sea named island recognized considered containing deposit guano within meaning terms laws relating islands recognized considered appertaining also possession laws force relating islands murdered one thomas foster giving three mortal blows axe died day persons named aided abetter murder indictment charging murder usual form alleged district maryland district defendant afterwards first brought island navassa defendant filed general demurrer overruled pleaded guilty jury returned verdict guilty bill exceptions tendered defendant allowed substance follows trial prove navassa island recognized considered appertaining possession provisions laws force regard islands offered evidence certified copies papers records state department follows copy memorial addressed secretary state peter duncan signed sworn november commissioner circuit district maryland certified present secretary state true copy senate executive document congress session filed department papers relating discovery guano island navassa words honorable secretary state peter duncan citizen respectfully represents department state first day july year discover deposit guano island key caribbean sea within lawful jurisdiction government occupied citizens government said island key called lies latitude north longitude west miles thereabouts island domingo seventy miles thereabouts island jamaica said island navassa two miles length mile half width apparently volcanic origin elevated three hundred feet surface sea presenting rocky perpendicular cliff shore sides except small space north covered small shrubs upon surface beneath deposit phosphatic guano varying depth one six feet estimated quantity one million tons said claimant represents day september take peaceable possession occupy said island key navassa name continues occupy prepared furnish satisfactory evidence thereof others requisites facts prescribed act congress case made provided wherefore prays said key island navassa may considered declared appertaining said claimant may rights advantages allowed secured discoverer act congress aforesaid provided peter duncan also copy proclamation certified present secretary state copy proclamation issued department day december respect discovery guano island navassa peter duncan words cass secretary state presents shall come greeting know ye peter duncan citizen filed department required notice discovery guano occupation island navassa caribbean sea name america north latitude eighteen degrees ten minutes longitude degrees west edward cooper also citizen assignee said peter duncan entered sufficient bonds according provisions act congress passed eighteenth day august year eighteen hundred wherefore said edward cooper entitled respect guano said island privileges advantages intended act secured citizens may discovered deposits guano provided always said edward cooper shall abide conditions requirements imposed act congress aforesaid witness whereof lewis cass secretary state america hereunto set hand caused seal department state affixed washington eighth day december lewis cass seal proved september island navassa possession navassa phosphate company incorporated state new york held island assignees duncan cooper mentioned foregoing papers persons island consisted colored laborers said company white officers superintendents residents appointed company laborers including defendant employed digging phosphate guano nd transporting railroad propelled man power handling phosphate guano found island putting shipboard digging mining carried digging blasting dynamite working picks iron tools phosphate guano mined article called phosphate market substance island dug mined worked transported sold said laborers shipped baltimore shipping articles copy margin day riot took place large number laborers engaged officers defendant killed thomas foster one officers circumstances jury found amounted murder charged indictment afterwards defendant first brought district maryland therein charged evidence offered defendant april signatures monthly advance witness age place wages paid signature birth payment henry jones baltimore hereby certify undersigned present board brig romance harbor baltimore men acknowledged signed contract willing go navassa island obey orders rules regulations hat advance set opposite respective names correct received money charles brown master frederick abbott mate john peed shipper baltimore january foreign vessel loading navassa cargo phosphate lime intended use persons citizens residents finished loading days afterwards excluded immaterial defendant excepted exclusion verdict defendant moved arrest judgment various reasons one relied argument act august codified amendments title revised statutes unconstitutional void without jurisdiction try defendant indictment found motion overruled defendant sentenced death sued writ error act february st provisions act congress august entitled act authorize protection given citizens may discover deposits guano since enacted title revised statutes follows section citizen shall deposit guano island rock key within lawful jurisdiction government occupied citizens government shall take peaceable possession thereof occupy said island rock key may discretion president considered appertaining provided discoverer soon practicable shall give notice oath state department discovery occupation possession describing island latitude longitude showing possession taken name shall furnish state department satisfactory evidence island time discovery possession occupation possession occupation government citizens facts conditions thus specified must appear satisfaction president order enable exercise tionary power conferred upon determining island shall considered appertaining president determines island shall considered appertaining section statute authorizes allow discoverer assigns exclusive right subject terminated congress time occupying island purpose obtaining selling guano first giving bond penalties securities may required president deliver said guano citizens purpose used therein none others provide necessary facilities purpose within time fixed said bond section breach conditions bond taken deemed forfeiture rights accruing virtue act scope effect first two sections stated clearly appear face act pointed opinions given attorney general black secretary state june july op attys see also letter secretary state july whart int law dig sections act manifestly apply isiands president determined shall considered appertaining section introduction guano islands rocks keys shall regulated coasting trade different ports unitedstates laws shall govern vessels concerned therein section act contained shall construed obligatory retain possession islands rocks keys aforesaid guano shall removed section president hereby authorized discretion employ land naval forces protect rights said discoverer discoverers assigns aforesaid section act section revised statutes acts done offenses crimes committed island rock key persons may land thereon waters adjacent thereto held deemed done committed high seas board merchant ship vessel belonging punished according laws relating ship vessels offenses high seas laws purposes aforesaid hereby extended islands rocks keys section argued defendant assume extend admiralty jurisdiction land exercise power preserve peace punish crime regions exercise jurisdiction unequivocally extends provisions statutes punishment offenses committed upon high seas like offenses committed upon guano islands determined president appertain either case crime punishment procedure statutory whole criminal jurisdiction courts derived acts congress hudson cranch britton sup constitution crime committed within state must tried state district previously ascertained law yet crime committed within state union may tried place congress may law directed const art amendments art dawson congress directed trial offenses committed upon high seas elsewhere jurisdiction particular state district shall district offender found first brought rev congress awarded punishment death crime murder whether committed upon high seas jurisdiction particular state fort arsenal dockyard magazine place district country exclusive jurisdiction id acts congress clearly include murder committed land within exclusive jurisdiction within judicial district well murder committed high seas ex parte bollman cranch bevans wheat rwo wall law nations recognized civiliezed dominion new territory may acquired discovery occupation well cession conquest citizens subjects one nation name authority assent take hold actual continuous useful possession although purpose carrying particular business catching curing fish working mines territory unoccupied government citizens nation belong may exercise jurisdiction period sees fit territory acquired principle affords ample warrant legislation congress concerning guano islands vatt law nat lib bk wheat int law ed note halleck int law phillim int law ed calvo droit int ed whiton insurance mass sovereign de jure de facto territory judicial political question determination legislative executive departments government conclusively binds judges well officers citizens subjects government principle always upheld affirmed great variety circumstances gelston hoyt wheat palmer id divina pastora wheat foster neilson pet keene mcdonough pet garcia lee pet williams insurance pet yorba wall lynde wall equally well settled england pelican edw app taylor clay sim emperor austria day de gex republic peru peruvian guano ch div republic peru dreyfus ch div williams insurance action policy insurance following question arose circuit brought certificate division opinion judges thereof inasmuch american government insisted still insist regular executive authority falkland islands constitute part dominions within sovereignty government buenos ayres seal fishery islands trade free lawful citizens beyond competency buenos ayrean government regulate prohibit punish competent circuit cause inquire ascertain evidence title said government buenos ayres sovereignty said falkland islands evidence satisfies decide doctrines claims set supported american government subject whether action american government subject binding conclusive sovereignty islands belongs pet held action executive department question sovereignty islands belonged binding conclusive upon courts saying doubt executive branch government charged foreign relations shall correspondence foreign nation assume fact regard sovereignty island country conclusive judicial department view material inquire province determine whether executive right wrong enough know exercise costitutional functions decided question done responsibilities belong obligatory people governmen union present case executive message correspondence government buenos ayres denied jurisdiction assumed exercise falkland islands fact must taken acted thus asserted maintained id courts justice bound take judicial notice territorial extent jurisdiction exercised government whose laws administer recognition denial sovereignty foreign power appearing public acts legislature executive although acts formally put evidence accord pleadings reynes kennett chambers hoyt russell sup coffee groover sup state dunwell state wagner taylor barclay emperor austria day cited greenl ev reynes upon question whether spanish grant land louisiana protected either treaty retrocession spain france treaty paris territory louisiana ceded held treaties mentioned public acts proclamations spanish french governments publicly recognized agents carrying effect treaties though made exhibits cause historical notorious facts take regular judicial notice reference implied investigation us kennett chambers bill compel specific performance contract made september general texan army agreed convey lands texas consideration money paid aid raising equipping troops mexico dismissed demurrer independence texas though previously declared state acknowledged government established conclusion referring messages president senate letter president governor tennessee note secretary state mexican minister none stated record coffee groover upon writ error florida case involving title land claimed conflicting grants state florida state georgia depending upon disputed boundary ascertained true boundary consulting public documents given evidence trial referred opinion et sup taylor barclay bill equity based agreement alleged made agents government federal republic central america sovereign independent state recognized treated majesty king realms dismissed demurrer shadwell said communication foreign office anthorized state federal republic central america recognized independent government government country conceive dnty judge every take notice public matters affect government country conceive notwithstanding averment bill bound take fact really exists averred taken true except properly pleaded opinion plead historically false judges bound take notice fales said properly pleaded merely averred plain terms must take averment record sim case harmony decisions made time lord coke took part allegation public act parliament judges take notice party plead nul tiel record act misrecited demur law upon prince case coke woolsey case godb ascertainment facts bound take judicial notice decision matters law office know judges may refresh memory inform conscience sources deem trustworthy gres eq ev pt fremont brown piper state wagner upon question existence public statute date took effect may consult original roll official records spring eve mod hale com law ed gardner collector wall south ottawa perkins post supervisors international affairs recognition foreign government diplomatic character person claiming representative may inquire foreign office department state taylor barclay quoted charkieh ecc ex parte hitz sup baiz sup case bar indictment alleges island navassa murder charged committed time sole exclusive jurisdiction jursidiction particular state district recognized considered containing deposit guano within meaning terms laws relating islands recognized considered appertaining possession laws allegations indeed inconsistent facts bound take judicial notice treated conclusively supporting verdict judgment full consideration matter opinion facts quite accord allegations indictment power conferred president section act congress determine guano island shall considered appertaining strictly executive power affecting foreign relations manner decermination shall made known prescribed statute doubt may declared throught department state whose acts regard legal contemplation acts president wolsey chapman runkle sup op attys referring memorial sworn peter duncan november proclamation secretary state december copies verified present secretary state given evidence trial case papers intermediate dates filed department state communicated president senate april printed order senate executive document first session sixth congress following facts appear regard island navassa duncan memorial oath presented secretary state december memorial duncan represented july discovere deposit guano island called within lawful juris diction government occupied citizens government described island latitude longitude deposit guano thereon represented september took peaceable possession occupied island name continued occupy prepared furnish satisfactory evidence thereof requisites facts prescribed act congress prayed island considered declared appertaining said claimant may rights advantages allowed secured discoverer act congress aforesaid provided april cooper assignee duncan addressed letter secretary state requesting protection vessels lying men working island navassa apprehended interference vessel war haytian government april cooper presented secretary state affidavit sworn march consul kingston island jamaica john lewis duncan agent since september peaceable possession said island taking shipping guano therefrom said island took possession thereof possession occupation government citizens possession said duncan said lewis said duncan agents wise interrupted sought interrupted person whatsoever june cooper letters addressed president secretary state informed haytian government upon pretense island navassa dependency domingo sent two vessels war forcibly interrupted prohibited digging guano cooper men solicited interposition protection interests july secretary state addressed letter secretary navy stating substance duncan memorial cooper application said president opinion claim haytian government prevent citizens removing guano island navassa unfounded case advisable exercise authority vested fifth section act congress approved august entitled act authorize protection given citizens may discover deposits guano directs cause competent force repair island order officer command thereof protect citizens removing guano therefrom interference authorities government hayti government persons employment government found upon island offer may made land port au prince point may designate superiors may informed occasion proceeding determination government allow removal guano island citizens interfered manner citizens authorities hayti persons claiming act hoped president object may firmness discretion accomplished without effusion blood without giving reasonable cause offense quarter secretary state july sent cooper copy letter july demanded cooper bond required act september accepted bond september sent copy dispatches received navy department commander vessel ordered navassa including letters written port au prince august haytian minister foreign relations consul port cooper agent island navassa informing object mission letter haytian minister foreign relations commander said authorized say president opinion case advisable exercise authority vested fifth section act directed repair island protect citizens removing guano therefrom interference authorities government whatever hopes may able without giving reasonable cause offense quarter november clark commercial agent hayti boston behalf haytian government intercourse government time conducted consuls commercial agents addressed secretary state letter relation occupancy island navassa citizens said territory hayti claims sovereignty property spain exercise undisputed right ceded said territory france france chief charles acknowledged independence hayti thereby vested perfect title part popularly termed dependencies among dependencies islands tortugas la vache cayemete navassa gonaive island declared government hayti although frequently importuned never ceded sold leased either dependencies nation company individual therefore respectfully ask behalf government hayti attention government infringement rights hayti involved unauthorized occupancy navassa island citizens november assistant secretary state replied clark saying directed inform citizen exhibited department proofs deemed sufficient island derelict abandoned guano good quality applied protection government removing guano therefrom pursuant act congress august copy inclosed application granted notice however act make obligatory upon government retain permanent possession island december secretary state issued proclamation addressed presents shall come declaring duncan citizen filed department state required notice discovery guano occupation island navassa name cooper assignee also citizen entered sufficient bonds according act congress august therefore cooper respect guano said privileges advantages intended act secured citizens may discovered deposits guano provided abide conditions requirements act opinion submitted attorney general black secretary state december op attys effect president right law annex guano island put american citizens possession diplomatic question jurisdiction pending bt ween foreign nation influence decision case several reasons first place opinion given six days proclamation regarding island navassa concerned distinct island cayo verde claimed british government within jurisdiction belonging bahamas next place diplomatic question pending jurisdiction island navassa contrary president repeatedly declared claim hayti unfounded lastly office attorney general advise president duty judiciary decide accordance president exercise discretionary power confided constitution laws actually done adjudged like circumstances williams insurance pet quoted executive correspondence government hayti denied jurisdiction claimed island navassa fact must taken acted thus asserted maintained material inquire province determine whether executive right wrong enough know exercise constitutional functions decided question documents state department mentioned show following action president secretary state regard island navassa order july sending armed vessel section act protect cooper removing guano president unequivocally declared claim haytian government prevent citizens removing guano island navassa unfounded determination government allow removal guano island citizens interfered manner citizens authorities hayti response november letter haytian government commercial agent claiming island navassa dependency hayti president declared citizen exhibited proofs deemed sufficient island derelict abandoned guano good quality application frotection government removing guano therefrom pursuant act congress granted reference close response provision section act reserving right discontinue possession island removal guano shall ceased value say least tendency show time assumed dominion island proclamation december reciting discovery occupation island duncan giving bond assignee cooper pursuant act cooper declared respect guano said island privileges advantages intended act secured citizens may discovered deposits guano although proclamation terms follow first clause prayer duncan memorial said key island navassa may considered declared appertaining declaration president accordance conclusion prayer cooper duncan assignee entitled respect guano upon island privileges advantages secured act congress citizens discovering deposits guano equivalent declaration ident considered island appertaining seeing act congrs authorized rights privileges allowed discoverer guano island bond required protection given unless president opinion island considered appertaining terms order president july response november protest official representative hayti proclamation december clearly show necessarily imply president exercising discretionary power conferred upon constitution laws satisfied island navassa within jurisdiction hayti foreign government considered appertaining case rest subsequent action president appropriate departments put matter beyond question circular treasury department february guano islands appertaining addressed collectors customs secretary treasury said find hereto annexed corrected list guano islands bounded act august appears bonds papers transmitted department state file office first comptroller treasury several islands named described said list duly bounded considered president appertaining teh manner form prescribed said act consequence thereof brought laws regulating coasting trade attention directed view proper enforcement laws regulating intercourse said islands list annexed circular islands pertaining bounded act august included island navassa finally letters secretary state haytian minister december june mentioned mistaken dates whart int law dig copies obtained department state appears upon haytian government renewing claim island navassa utterly finally denied validity claim reasserted maintained exclusive jurisdiction island reason discovery occupation duncan cooper act congress point presented record argued behalf defendant exception exclusion evidence april foreign vessel loaded navassa guano intended use persons citizens residents argued evidence admissible showing breach condition cooper bond consequent forfeiture rights provision section act rev st distinctly appear whether breach took place april took place within period five years operation provision statute suspended act april st whenever breach took place affected private rights delinquent impair dominion jurisdiction courts reasons stated conclusion guano islands act august enacted title revised statutes constitutional valid island navassa must considered appertaining circuit district maryland jurisdiction try indictment error proceedings judgment firmed footnotes navassa phosphate company south street baltimore agreement made baltimore day january navassa phosphate company first part undersigned laborers second part follows said laborers agree proceed orders instructions said navassa phosphate company agents board vessel shall provided purpose navassa island business assisting loading vessels cargo either working shore boats purpose parties second part hereby covenant agree devote whole time services labor may directed said navassa phosphate company agents many months said navassa phosphate company may desire exceeding months time arriving navassa island discharged therefrom time wages commence cease said navassa phosphate company agrees part pay said undersigned monthly wages set opposite respective names furnish free passage said island navassa find said undersigned laborers usual provisions furnished laborers free expense parties second part payment wages made return parties second part baltimore fail obey orders instructions said navassa phosphate company agents refuse time labor shall forfeit claim wages compensation may due said navassa phosphate company fails comply agreement part shall forfeit sum addition full monthly wages free passage parties second part contract parties second part agree case sickness lost time pay said navassa phosphate company cents per day board said navass phosphate company liable wages compensation time lost parties second part sickness otherwise parties second part agree upon signing contract obey abide rules regulations laws may operation hereafter put force island navassa west indies detter protection life property may deemed necessary police protection discipline island release said navassa phosphate company liability injury arising accident acts officer employe island navassa understood agreed parties second part case competent perform duties herein stated pay passage back party first part liable wages whatsoever also understood cents per month shall deducted wages parties second part medicines medical attention navassa phosphate company per john haskell company consideration foregoing advance wages set opposite names receipt whereof hereby acknowledged signed contract duplicate witness hands acts august june july