GUANO ISLANDS R. S. 5570. Claim of United States to Islands, 423. R. S. 5571. Notice of Discovery, and Proofs to Be Furnished, 424. R. S. 5574. Restrictions upon Exportation, 425. R. S. 5575. Regulation of Guano Trade, 425. R. S. 5576. Criminal Jurisdiction, 425. R. S. 5577. Employment of Land and Naval Forces, 426. Sec. 5570. [Claim of United States to islands.] Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States. [R. S.] Act of Aug. 18, 1856, ch. 164, 11 Stat. L. 119. Sections 5570 to 5578 constitute title LXII of the Revised Statutes, "Guano Islands." Act constitutional. The legislation of Congress concerning guano islands is constitutional and valid. Jones v. U. S. (1890) 137 U. S. 202, 11 S. Ct. 80, 34 U. S. (L. ed.) 691. See also Downes v. Bidwell, (1901) 182 U. S. 244, 21 S. Ct. 770, 45 U. S. (L. ed.) 1088. Under the Guano Islands Act, the United States government now holds and protects American citizens in the occupation of many islands. See Downes v. Bidwell, (1901) 182 U. S. 244, 21 S. Ct. 770, 45 U. S. (L. ed.) 1088. "An actual taking of possession and actual occupation of the island whereon guano has been discovered are express conditions of the Act of Congress, which are not complied with by a mere symbolical possession or occupancy, as by the planting of a flag, the erection of a tablet, an inscription, or other like acts." (1859) 9 Op. Atty.-Gen. 367. President's declaration.-"The President is not bound, against his own conviction of public policy, to declare any particular island as appertaining to the United States. The law forbids him to do so before the prerequisites above mentioned are complied with, and leaves it to his discretion afterwards. But he may do it without waiting for an adverse claim to be set up." (1857) 9 Op. Atty.-Gen. 32. Declaration made through Department of State. The power conferred on the President by this section to determine that a guano island shall be considered as appertaining to the United States being a strictly executive power, affecting foreign relations, and the manner in which his determination is to be made known not being prescribed by statute, it may be declared through the Department of State, whose acts are in legal contemplation the acts of the President. Jones v. U. S., (1890) 137 U. S. 202, 11 S. Ct. 80, 34 U. S. (L. ed.) 691. Not territorial domain. "The provisions of the law entirely negative any idea that such islands were in any sense to become part of the territorial domain of the United States" Grafflin v. Navassa Phosphate Co., (1888) 35 Fed. 474, affirmed (1891) 137 U. S. 647, 11 S. Ct. 242, 34 U. S. (L. ed.) 825. The Island of Navassa, in the Caribbean Sea, was held to be considered as appertaining to the United States, under this section. Jones v. U. S., (1890) 137 U. S. 202, 11 S. Ct. 80, 34 U. S. (L. ed.) 691. Sec. 5571. [Notice of discovery, and proofs to be furnished.] The discoverer shall, as soon as practicable, give notice, verified by affidavit, to the Department of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence 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 by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States. [R. S.] Act of Aug. 18, 1856, ch. 164, 11 Stat. L. 119. Sec. 5572. [Completion of proof in case of death of discoverer.] If the discoverer dies before perfecting proof of discovery or fully complying with the provisions of the preceding section, his widow, heir, executor, or administrator, shall be entitled to the benefits of such discovery, upon complying with the provisions of this Title; but nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer heretofore recognized by the United States. [R. S.] Act of April 2, 1872, ch. 81, 17 Stat. L. 48. Dower." It is impossible to find in this Act any manifestation of an intention of Congress that the interest of the discoverer should be subject to dower, or even that it should be considered as real estate rather than as personal property." Duncan v. Navassa Phosphate Co., (1891) 137 U. S. 647, 11 S. Ct. 242, 34 U. S. (L. ed.) 825, affirming Grafflin v. Navassa Phosphate Co., (1888) 35 Fed. 474. Upon examination of the claim of the widow of Wm. Parker, under the Acts of Aug. 18, 1856, and April 2, 1872, to certain guano islands in the Pacific, it was advised that she had no derivative title to the islands from her husband, and that she was not in a position to set up an original title thereto for herself. (1873) 14 Op. Atty.-Gen. 608. Sec. 5573. [Exclusive privileges of discoverer.] 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 island, rocks, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be 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 for every ton taken while in its native place of deposit. [R. S.] Act of Aug. 18, 1856, ch. 164, 11 Stat. L. 119. Extent of discoverer's rights. The discoverer obtains no title to, or ownership in, the island under the Act, but is simply protected in the exclusive occupancy thereof for the purpose of obtaining and shipping guano therefrom. Grafflin v. Navassa Phosphate Co., (1888) 35 Fed. 474, affirmed (1891) 137 U. S. 647, 11 S. Ct. 242, 34 U. S. (L. ed.) 825. Inspection of claim.- No claim, under the Act of Congress, can have any earlier inception than the actual discovery of guano deposit, possession taken, and actual occupation of the island, rock, or key whereon it is found. (1859) 9 Op. Atty.Gen. 364. Revocation of proclamation.- The Secretary of State should not, upon the application of the American Guano Company, revoke the proclamation issued Aug. 7, 1860, relative to Howland's Island, in the Pacific Ocean, in favor of the United States Guano Company. (1865) 11 Op. Atty. Gen. 397. The expression, "at the pleasure of Congress," means that Congress may terminate the possession when it pleases, the discoverer being, under the Act, the nation's tenant at will. (1857) 9 Op. Atty.Gen. 30. Sec. 5574. [Restrictions upon exportation.] No guano shall be taken from any such island, rock, or key, except for the use of the citizens of the United States or of persons resident therein. The discoverer, or his widow, heir, executor, administrator, or assigns, shall enter into bond, in such penalty and with such sureties 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, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this Title. This section shall, however, be suspended in relation to all persons who have complied with the provisions of this Title, for five years from and after the fourteenth day of July, eighteen hundred and seventy-two. [R. S.] Act of Aug. 18, 1856, ch. 164, 11 Stat. L. 119; Act of July 28, 1866, ch. 298, 14 Stat. L. 328; Act of April 2, 1872, ch. 81, 17 Stat. L. 48. "further By the Act of March 15, 1878, ch. 34, 20 Stat. L. 30, this section was suspended, as therein set forth, for the period of five years next from and after the passage of this Act." And by the Act of April 18, 1884, ch. 24, 23 Stat. L. 11, a still further suspension of five years from the passage of such Act was made. The United States may exercise such authority and for such time as it deems best, over an unappropriated guano island first occupied by its citizens. Jones v. U. S., (1890) 137 U. S. 202, 11 S. Ct. 80, 34 U. S. (L. ed.) 691. Bond. In determining the proper party to give the bond required by the Act of Congress, the political department of the government can only look to the party complying with the conditions of the statute, without considering the legal or equitable rights of other parties to share in the profits of the speculation, which are to be left for the determination of the proper judicial tribunals. (1859) 9 Op. Atty. Gen. 364. Effect of breach of bond. A breach of the provisions of the bond given by the discoverer of a guano island under this section affects the private rights only of the delinquent, and does not impair the dominion of the United States or the jurisdiction of their courts. Jones v. U. S., (1890) 137 U. S. 202, 11 S. Ct. 80, 34 U. S. (L. ed.) 691. Application of sureties for release.The bond having been broken, it was advised that the President had no duty to perform upon an application by the sureties to be released from their obligation by reason of the breach. Delano's Case, (1863) 11 Op. Atty. Gen. 30. Sec. 5575. [Regulation of guano trade.] The introduction of guano from such islands, rocks, or keys, shall be regulated as in the coastingtrade between different parts of the United States, and the same laws shall govern the vessels concerned therein. [R. S.] Act of Aug. 18, 1856, ch. 64, 11 Stat. L. 120. Sec. 5576. [Criminal jurisdiction.] All acts done, and offenses or crimes committed, on any such island, rock, or key, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant-ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. [R. S.] Act of Aug. 18, 1856, ch. 64, 11 Stat. L. 120. This section is in part superseded by the Penal Laws of 1909, ch. 11, § 272, 35 Stat. L. 1142. See PENAL LAWS. 66 Punishment of crime. This section does not assume to extend the admiralty jurisdiction over the land; but, in the exercise of the power of the United States to preserve peace and punish crime in regions over which they exercise jurisdiction, it unequivocally extends the provisions of the statutes of the United States for the punishment of offenses committed upon the high seas to like offenses committed upon guano islands which have been determined by the President to appertain to the United States." Jones v. U. S., (1890) 137 U. S. 202, 11 S. Ct. 80, 34 U. S. (L. ed.) 691. Place of trial.- Where a murder has been committed upon a guano island declared as appertaining to the United States, the trial may, under R. S. secs. 730 (now Judicial Code, sec. 41; see JUDICIARY), 5339, and 5376 (now embodied in Penal Laws, secs. 273 and 274; see PENAL LAWS), be held in the United States court for the district where the offender is found or into which he is first brought. Jones v. U. S., (1890) 137 U. S. 202, 11 S. Ct. 80, 34 U. S. (L. ed.) 691. Sec. 5577. [Employment of land and naval forces.] The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns. [R. S.] Act of Aug. 18, 1856, ch. 64, 11 Stat. L. 120. Sec. 5578. [Right to abandon islands.] Nothing in this Title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same. [R. S.] Act of Aug. 18, 1856, ch. 64, 11 Stat. L. 120. HABEAS CORPUS R. S. 751. Power of Courts to Issue Writs of Habeas Corpus, 427. R. S. 755. Allowance and Direction of the Writ, 464. R. S. 756. Time of Return, 467. R. S. 757. Form of Return, 468. R. S. 758. Body of the Party to Be Produced, 468. R. S. 759. Day for Hearing, 469. R. S. 760. Denial of Return, Counter-allegations, Amendments, 469. R. S. 762. In Cases Involving the Law of Nations, Notice to Be Served on State R. S. 763. Appeals in Cases of Habeas Corpus to Circuit Court - Superseded, 475. R. S. 764. Appeal to Supreme Court Superseded, 476. R. S. 765. Appeals, How Taken, 479. R. S. 766. Pending Proceedings in Certain Cases, Action by State Authority Void, 480. Act of March 10, 1908, ch. 76, 481. Appeals to Supreme Court, 481. CROSS-REFERENCES Under Chinese Exclusion Acts, see CHINESE EXCLUSION. In the Philippines, see PHILIPPINE ISLANDS. In Porto Rico, see PORTO RICO. See generally, JUDICIARY. Suspension of Writ of Habeas Corpus under Constitution, see the Constitution, given at the close of this work, Sec. 751. [Power of courts to issue writs of habeas corpus.] The Supreme Court and the circuit and district courts shall have power to issue writs of habeas corpus. [R. S.] Act of Sept. 24, 1789, ch. 20, 1 Stat. L. 81; Act of April 10, 1869, ch. 22, 16 Stat. L. 44; Act of March 2, 1833, ch. 57, 4 Stat. L. 634; Act of Feb. 5, 1867, ch. 28, 14 Stat. L. 385; Act of Aug. 29, 1842, ch. 257, 5 Stat. L. 539. Sections 751 to 766, inclusive, constitute chapter 13 of title XIII of the Revised Statutes, "Habeas Corpus." The Circuit Courts were abolished and their powers and duties conferred on the District Courts by the Judicial Code of March 3, 1911, ch. 13, §§ 289-291, 36 Stat. L. 1167. See the title JUDICIARY, |