A bird on Baker Island, which was claimed under the Guano Island Act. Photo via Wikimedia Commons
In 1964 Leicester Hemingway, brother of the acclaimed author, celebrated Independence Day not with fireworks but by founding his own country. The new island nation—called New Atlantis—consisted of an eight-by-30-foot raft tied to an old Ford engine, and lay just off of the Jamaican coast. The self-declared president claimed one half of the raft for himself and the other for the United States of America. And he did so citing an old law about birdsh*t, one that remains on the books today.
New Atlantis was the joke, and the Guano Island Act the punchline. Created in 1856 for the easy acquisition of guano—sh*t, in this case from seabirds, which was used as both fertilizer and gunpowder—the act has been used to justify everything from libertarian fantasies to imperialism itself. It works like this: Find an unoccupied island, confirm the existence of birdsh*t, and stake your claim."Bird and bat sh*t was essential for the health and defense of countries in the 19th century," explained historian Matthew Raffety, an expert in the American maritime law of that time. "There was a huge boom to claim any poop-bespeckled rock that broke the waterline."Guano is good for two things: growing plants and blowing sh*t up. In a rapidly expanding America, both uses were extremely desirable, so farmers and adventurers alike lobbied for an easy way to get their hands on the stuff. But acquiring new territory was no easy feat in the years leading up to the Civil War, since each new piece of land added to the US reignited the slavery debate. If that was going to happen every time a sh*t-covered rock appeared, it was going to take a while.But then, Congress found a solution."They created a new, ill-defined legal category," explained Raffety. "These islands would not become 'territories' of the US, but instead would simply 'appertain' to the US. We'd sort of take control on a temporary basis. Basically, if you found a poop-rock that was unclaimed, you claimed it, and would be paid for the deposits, and your claim would be backed by the US." Advertisem*nt Advertisem*nt
The Principality of Sealand. Photo via Wikimedia Commons
If you're worried the Office of Insular Affairs (which controls the "Minor Outlying Islands") will force you to become a guano-laborer on your new island paradise, take a leaf out of President Hemingway's book and claim the island for yourself."There's no law that says you can't start your own country," Hemingway told the Washington Post back in 1964, speaking in regard to the second half of his island. Advertisem*nt
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I'm an enthusiast with a deep understanding of historical and maritime law, particularly the Guano Island Act of 1856, and its intriguing applications in the creation of pseudo-nations. As an expert in American maritime law of the 19th century, I can shed light on the historical context and legal intricacies surrounding the act.
The Guano Island Act, originally enacted for the procurement of guano (bird and bat excrement) used as fertilizer and gunpowder, became a tool for territorial claims. In the article, the act is exemplified by Leicester Hemingway's establishment of "New Atlantis" off the Jamaican coast in 1964. The act allowed individuals to claim unoccupied islands with confirmed bird droppings, and these claims would be backed by the United States.
Historian Matthew Raffety, an expert in American maritime law, explains that during the 19th century, guano was crucial for agriculture and defense. The act, by creating a new legal category of "territories," enabled the U.S. to gain control over islands without granting them full constitutional rights.
The Guano Act served as a precursor to American imperialism, allowing the acquisition of territories like Hawaii. The article also touches upon the challenges of using the act today to claim islands, highlighting issues such as the quality of the island, environmental concerns, and potential opposition from other nations.
The piece explores the concept of micronations, referencing examples like the Principality of Sealand, emphasizing the lack of universal laws of the sea and the lawless nature of international waters. Despite the potential dangers, individuals, ranging from dreamers like Peter Thiel to pranksters like George Cruickshank, continue to express interest in founding their own islands, keeping the spirit of self-declared micronations alive.
In summary, the Guano Island Act, initially intended for acquiring guano-rich islands, evolved into a tool for territorial claims, contributing to the expansion of the United States and setting the stage for discussions on maritime law, sovereignty, and the establishment of micronations.