stefansson-wrangel-09-37-019

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dispute over territory, the political situations, or the
national interests, of the disputants, may be fully as im-
portant factors in the decision of the question as the actual
situation in the territory itself; so that it is difficult to
determine on what basis the question was really decided; and,
secondly, the writers are theorizing after the fact, or possibly,
on the basis of what they think the law ought to be, so that
they can not be taken with great seriousness when they say upon
what grounds a question has been decided, and still less are
they to be given great weight when they say upon what grounds
a future question ought to be decided.

To turn now to the cases.

A statute passed by Congress in 1856, 11 Statutes at Large,
119, entitled, ”An Act to authorize protection to be given to
citizens of the United States who may discover deposits of
guano,” it was provided. Sec. 1, ”Be it enacted....that when
any citizen or citizens of the United States may have discov-
ered, or shall hereafter discover, 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 shall take peaceable possession thereof,
and occupy the same, said island, rock, or key, may, at the
discretion of the President of the United States, be considered
as appertaining to the United States.”

There were other provisions here for notification of
the state department, location of the island, rights of dis-
coverers, not here important.

Sec. 4, however, provides: ”And be it further enacted
that nothing in this act contained shall be construed obliga-
tory on the United States to retain possession of the islands,
rocks, or keys, as aforesaid, after the guano shall have been
removed from the same.”

Sec. 5, ”And be it further enacted that the President
of the United States is hereby authorized, at his discretion,
to employ the land and naval forces of the United States to