February 18, 1936
My dear Mr. President;
Referring to your confidential memorandum
of October 16, 1934, transmitting a copy
of a letter from the Secretary of the Navy
enclosing a memorandum from the Chief of
Naval operations concerning several islands
in the Pacific, including Jarvis, Howalnd
and Baker Islands, it is believed that it
would be desirable to place these islands
by Executive Order under administration of
one of the Departments of the Government,
possibly the Interior Department.
Each of these three islands has been included
in the list of bonded guano islands published
by the Treasury Department, and the Secretary
of State issued on August 7, 1860, a guano
certificate for Howland to the United States
Guano Company on March {HERE A CLASSIFICATION
MARKING HAS BEEN REMOVED} for both Jarvis
and Baker to the American Guano Company.
The courts of this country have held that
the effect of such certificate is to place
the islands under the jurisdiction of the
United States as appurtenant thereto.
Prior to the issuance of these certificates,
possession in the name of the United States
was formally taken to both Jarvis and Baker
Islands by Captain Davis on the United Sates
Sloop of War St. MARY'S on August 16 and
24, respectively, 1857. While a similar action
does not appear to have been taken with respect
to Howland Island, the latter island was,
it seems, discovered by an American citizen,
Captain George E. Netcher, on September 9,
1842. It is possible that the other two islands
were not discovered by Americans.
Between March 25 and April 1, 1935, the ITASCA
landed several Americans (Hawaiians) on each
of these three islands, and they have been
continuously occupied ever since then. On
several occasions other men have been sent
out to replace those on each island. In addition,
it is understood that an American guano company
has been operating on the islands since some
time last summer or the early fall. Prior
thereto, the islands had not been operated
for guano for many years.
Many years subsequent to {HERE A CLASSIFICATION
MARKING HAS BEEN REMOVED} can jurisdiction
over the islands, various British publications
have from time to time, listed one or another,
or all of these islands as under British
jurisdiction, and it has been stated that
they were leased to British companies in
the latter years of the last, or the early
years of the present century. It is also
stated that Jarvis was annexed to great Britain
on June 3, 1889, by Commander Nichols of
H.M.S. COROMANT. This was some thirty-two
years after possession of the island had
been formally taken for the United States
by Captain Davis of the United States Sloop
of War St. MARY'S. I am unaware, however,
of any formal action on the part of the British
Government seeking definitely to place these
islands by name under British jurisdiction,
and there has been no correspondence between
the two governments in the matter.
Whatever, if any, occupation of the islands
there may have been by British companies,
it appears that at the time of the ITASCA's
arrival last spring, all three of them had
been abandoned for many years. The report
of the expedition of the U.S.S TANAGER and
WHIPPOORWILL in 1924 states that when the
islands were visited at that time, they were
then all uninhabited and showed no signs
of current exploitation of any kind.
Wide publicity has bee{HERE A CLASSIFICATION
MARKING HAS BEEN REMOVED} last spring with
respect to the islands, but no representations
in regard thereto have been made by the British
Government. In view of all the circumstances
in the case I think that an Executive Order
could be issued placing these islands under
the jurisdiction of one of the Departments
of Government without first communicating
in the matter with the British Government.
It is interesting to note in this connection,
that a number of guano islands in the Pacific
contained in the Treasury's list of bonded
guano islands, have been formally placed
by orders in Council under British jurisdiction
without the British Government communicating
beforehand with this Government to ascertain
its views.
Faithfully yours,
Cordell
February 19, 1936
MEMORANDUM FOR THE SECRETARY OF STATE
I entirely approve an Executive Order placing
these Islands under the Interior Department.
Will you speak with the Secretary of the
interior about it and have the necessary
order prepared?
F.D.R.