perfidy

Fascinating article on the connection between batshit, sovereignty, empire and the reach of the constitution.

I stumbled on a 969-page typescript treatise which is kept in the library of the US State Department. Flipping through this great leather-bound brick of onion-skin pages, I gradually absorbed that the whole massive volume had been put together in the 1930s by a lawyer working for the US Government who’d been given a killer assignment. Apparently somebody had walked over to the desk of this poor functionary, scribbling away in some basement office, and said something along the lines of: “You know, we have a bunch of islands in the Pacific and the Caribbean—little islands. How about you figure out what the deal is with all these places, legally speaking.” I was holding the result: The Sovereignty of Islands Claimed Under the Guano Act and of the Northwest Hawaiian Islands, Midway, and Wake. And it was splendid to behold: nearly a thousand pages of intricate legal arguments and historical documentation on the strange history of the United States’ nearly invisible, but surprisingly vast, insular empire.

...The Guano Islands Act of 1856 arguably laid the legal groundwork for American imperialism.

I love sentences like that.

You can sort of see it [the language of the act] drift from talking about the waters and other resources “appurtenant” to the guano islands, to being used to talk about the relationship between the islands themselves and the United States. It was basically a fudge. A way of taking the places as possessions, while being careful not to call themterritories, since that implied constitutional entanglements. It was a way of taking the places without really taking responsibility for them within the federal system. The bill also carefully removed the language of “sovereignty,” since that, too, seemed potentially to entail various obligations under domestic and international law. And finally, to get the bill to pass, they also stuck in a bit about how the United States could get rid of the places if it wanted—that there was no commitment to hang onto these islands after the resources had been stripped or their utility otherwise terminated.

And the act passes in that form?

It does, and boom, there are all these wildcatters and roughnecks throwing up the Stars and Stripes on little mounds of manure all over the world. In the end, more than seventy such islands are actually secured under the act, and many more are claimed (unsuccessfully, for one reason or another). But that’s not the interesting part, really—although it’s curious enough, and there are some great stories about what goes down on these islands: shanghaiing Polynesian laborers, piracy (of course), mutiny, etc. Some of the islands are still claimed by various shady types. Indeed, a rather mysterious gentleman contacted me some years ago in connection with his alleged title to an uninhabited guano island in the Caribbean.

Awesome.