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Episode Description
Bird poop. That's what built America's empire in the Pacific.
In 1856, while Europe was carving up Africa, the U.S. Congress passed one of the most audacious laws in American history: any citizen who found an island covered in seabird droppings could claim it for America. No diplomacy required. Just plant a flag, and the President would back you with gunboats.
What followed was absolute chaos—nearly 200 islands claimed, naval standoffs over guano deposits, Supreme Court cases about sovereignty over rocks that vanish at high tide, and labor conditions so brutal they sparked deadly revolts. All for fertilizer that could triple crop yields and fuel the explosives industry.
In this episode, we crack open the strangest gold rush in history and uncover the dark ironies nobody talks about: how America's territorial grab mirrored Europe's Scramble for Africa, how synthetic chemistry eventually made it all obsolete, and how the legal framework invented for bird-crap islands became the blueprint for American control over Puerto Rico, Guam, and beyond.
Plus: the ecological devastation, the geopolitical absurdity, and why nine of these forgotten rocks are still U.S. territory today.
Show Notes
Key Topics Covered:
The Ancient Resource (0:00-3:03)
The Inca civilization's 5,000-year relationship with guano
Inca conservation laws: death penalty for killing guano-producing birds
Alexander von Humboldt's 1802 discovery and why European chemists "lost their minds"
The ecological lottery: why Peru's Chincha Islands had the world's best deposits
The Agricultural Crisis (3:03-5:09)
The mid-1800s soil collapse in America and Europe
How guano tripled crop yields and became "agricultural dynamite"
Peru's guano cartel and President Millard Fillmore's threats
The dual importance: fertilizer AND explosives (saltpeter/gunpowder)
The Guano Islands Act of 1856 (5:09-8:07)
Senator William Seward's audacious legislation
How private citizens could claim territory for the United States
Nearly 200 islands claimed in just a few decades
The Smithsonian's involvement in testing nitrogen content
Navassa Island: The Dark Heart (8:07-9:12)
The 1857 U.S. seizure despite Haiti's claims
Baltimore fertilizer company's labor camp conditions
The 1889 workers' revolt and murder of five overseers
Jones v. United States: Supreme Court case that created permanent second-class territorial status
The Legal Legacy (9:12-10:08)
How guano precedents justified the "Insular Cases" after 1898
Puerto Rico, Guam, and the Philippines: "belonging to but not part of" the United States
Why 3 million Puerto Ricans today have no voting representation in Congress
The parallel to Europe's Scramble for Africa
The War of the Pacific (10:08-11:14)
Chile vs. Peru and Bolivia (1879-1883)
18,000 deaths over nitrate fields
Bolivia loses its entire coastline—still landlocked today
The Ecological Collapse (11:14-12:30)
Peruvian seabird population crashes from 53 million to 4 million
Overfishing of anchovies to make fertilizer directly
Islands scraped clean down to bedrock
The Chemical Revolution (12:30-13:48)
Fritz Haber's 1909 invention: pulling nitrogen from thin air
The Haber-Bosch process: "possibly the most significant invention of the 20th century"
The dark irony: saved the world from starvation, prolonged WWI
Half the nitrogen in our bodies today comes from Haber-Bosch factories
The Islands That Remain (13:48-14:02)
Midway Atoll: claimed for guano (1867), site of decisive WWII battle (1942)
Johnston Atoll: from fertilizer export to Agent Orange storage
The Guano Islands Act still technically on the books
Modern attempts by libertarians and crypto enthusiasts to claim new islands
The Question for Today (14:02-end)
What is "the guano of today"? Lithium, cobalt, rare earth metals?
Are we creating the next unincorporated territories with deep ocean and asteroid mining laws?
Transcript
Speaker 2 (0:00) Welcome to Obscurarium, where we shed a light on history's most obscure corners. Today, we are looking at a moment that seems utterly ridiculous on paper, but ended up being, well, terrifying in practice.
It's a story about how the United States government, the Supreme Court, and even the Navy all conspired to build an empire on a foundation of—of all things—bird poop.
Speaker 1 (0:24) I want you to just picture this scene. It is August 1856. Washington, DC is absolutely sweltering, and Congress is dealing with the most volatile issues imaginable. Slavery is tearing the country apart. You have Bleeding Kansas in the headlines, and civil war feels—it feels imminent.
Speaker 2 (0:42) Everything to pass, everything, everything to pass a law about manure.
Unknown Speaker (0:45) And not just any law.
Speaker 2 (0:46) The Guano Islands Act was—I mean, it was one of the most aggressive pieces of legislation in American history. Aggressive is the word. It basically gave permission for the US to seize territory anywhere in the world. No questions asked, as long as a bird had, you know, relieved itself there.
Speaker 1 (1:01) It sounds like a joke, it really does. But as we dug into these records, it became so clear this wasn't just about fertilizer. This guano age created a kind of legal loophole, a constitutional gray zone that still defines the lives of millions of people in places like Puerto Rico and Guam today.
Speaker 2 (1:20) Exactly. We often think of American imperialism starting with the Spanish-American War in what, 1898, right? But the blueprint, the whole legal framework, was drawn up 40 years earlier on these lonely, ammonia-soaked rocks in the middle of the Pacific.
Speaker 1 (1:36) And for anyone who wants to see the actual text of that act or maps of these islands, you can find it all at obscurarium.com. But okay, before we get to the legal nightmare, we have to understand the commodity itself. Because to us, guano just means like a bat cave, right?
Speaker 2 (1:51) But for this story, we're not talking about bats. No. We're talking about sea birds—cormorants, pelicans, boobies. The word itself comes from the Quechua word huanu, which just means dung, and it wasn't a new discovery at all. The Inca—they had built an entire civilization on this stuff.
Speaker 1 (2:06) This was the part of the research that really surprised me. The Inca empire supported 8 million people in the Andes, which is terrible terrain for farming, and they did it purely because of guano.
Speaker 2 (2:17) It was an early form of ecological engineering. They didn't just use it. They revered it. They had conservation laws that make modern environmental regulations look—well, weak.
Speaker 1 (2:27) Weak is an understatement. If you killed a guano-producing bird during the Inca reign, you weren't fined. No, you were executed. Death for disturbing a pelican. It just shows you the strategic value. They understood that without the birds, the whole food supply collapses.
Speaker 2 (2:35) But then the Spanish conquistadors arrive in the 1500s and they have gold fever—total gold fever. They see these islands covered in white deposits. I mean, some of them were 150 feet deep, and they just thought it was snow. They walked right past the real treasure.
Speaker 1 (2:58) It took nearly three centuries for the West to catch up, and that's when Alexander von Humboldt shows up in 1802.
Speaker 2 (3:03) The great Prussian naturalist. He's in Peru measuring ocean currents, and he gets a whiff of this overpowering ammonia smell. He sends some samples back to Europe, and the chemists there absolutely lose their minds.
Speaker 1 (3:25) Why? What was so special about it? This wasn't just dry dung—because of the climate, it was perfectly preserved. It was essentially concentrated, ready-to-use nitrogen.
Speaker 2 (3:36) And the timing could not have been more perfect, because by the 1840s Europe and America were facing a soil crisis that sounds terrifyingly familiar today. It was a full-on ecological collapse. We'd spent generations farming—tobacco, cotton, wheat—just stripping the soil of all its nutrients. The land was dead. The land was dead. Farmers were facing total ruin. Populations were booming. The West was staring down the barrel of mass starvation.
Speaker 1 (3:52) So when guano arrives, it's not just fertilizer. It's called agricultural dynamite. The records show crop yields in places like Maryland and Virginia didn't just improve—they tripled.
Speaker 2 (4:03) It became the most sought-after commodity on Earth. But there was a catch. The best guano, the really high nitrogen stuff, only came from one place.
Speaker 1 (4:10) The Chincha Islands off the coast of Peru, right? Why there? Specifically, why wasn't a seagull in, you know, New Jersey, just as valuable?
Speaker 2 (4:22) It's a geographical lottery. You need the Humboldt Current, which is this cold stream that brings massive amounts of fish—anchovies, mostly—food for the birds, food for millions of birds. And then you need a desert climate so the rain doesn't wash all the good stuff—the nitrates—away. Peru had both. They had a monopoly, and they knew it.
Speaker 1 (4:40) So they formed a cartel. By 1850 the price of Peruvian guano was astronomical. I mean, President Millard Fillmore actually devoted part of his State of the Union address to threatening Peru over the price of bird droppings.
Speaker 2 (4:55) And you have to remember, it wasn't just about food. Guano is rich in nitrates, which is the key ingredient in saltpeter, and saltpeter makes gunpowder.
Speaker 1 (5:09) Exactly. So if you controlled the guano, you controlled both the bread basket and the armory. It was a massive strategic crisis. So the US is desperate. They need this stuff. They can't afford the Peruvian prices, and they don't want to start a full-scale war with South America. So they get creative.
Speaker 2 (5:17) They get legally creative. In 1856 Senator William Seward—who is the same guy who later bought Alaska—he pushes through the Guano Islands Act.
Speaker 1 (5:27) I want to read the core part of this act, because it is just wild. It basically says that if an American citizen discovers a guano deposit on an unclaimed island, the President may consider it as "appertaining to the United States."
Speaker 2 (5:41) "Appertaining to"—that is the magic phrase. It's so vague. It's deliberately vague. It's a legal term that meant the US had jurisdiction. But it wasn't making these places states. It wasn't extending the Constitution. It was just a smash and grab.
Speaker 1 (5:54) And it deputized private citizens. You didn't need to be in the Navy. You could be a merchant captain, find a rock, plant a flag, and suddenly the US military is obligated to protect your fertilizer claim.
Speaker 2 (6:04) It sparked a gold rush, or, I guess, a brown gold rush. In just a few decades, the US claimed nearly 200 islands.
Speaker 1 (6:10) Places like Baker Island, Howland Island, Johnston Atoll.
Speaker 2 (6:14) Yep, even the Smithsonian was involved. Their first secretary, Joseph Henry, was personally testing the nitrogen content of the samples sent back by the Navy.
Speaker 1 (6:23) But this wasn't a bloodless expansion. We have to talk about Navassa Island.
Speaker 2 (6:28) Navassa is the dark heart of this whole story. It's this little rock off the coast of Haiti. The US claimed it in 1857—
Speaker 1 (6:34) —ignoring the fact that Haiti had already claimed it.
Speaker 2 (6:37) Totally ignored it. The US just sent gunboats to, well, to bully them into submission.
Speaker 1 (6:43) And the conditions on Navassa were just horrific. We have reports of men mining this guano dust in tropical heat, inhaling ammonia until their lungs literally bled.
Speaker 2 (6:54) It was a labor camp. The Baltimore fertilizer company that ran it used what was effectively slave labor. They used Black Americans from Baltimore, misled them into signing contracts they couldn't read, and then transported them to this prison island with no escape.
Speaker 1 (7:08) And in 1889 the whole thing just—it exploded. The workers revolted, killing five of the white overseers.
Speaker 2 (7:15) And this is where the story pivots from a labor dispute to a full-blown constitutional crisis. The workers were brought back to the US to face murder charges, right? But their defense lawyers made this fascinating argument. They said, "You can't try us for murder under US law, because Navassa isn't actually part of the United States. It's just some foreign rock you're occupying."
Speaker 1 (7:35) They tried to use the government's own vague language against it.
Speaker 2 (7:38) Precisely. If it's only "appertaining to" the US, but not a state, does US jurisdiction even apply? The case went all the way to the Supreme Court—Jones v. United States—and the Court ruled against them. They did. The court said that, yes, these islands were US territory, and so the laws applied. But—and this is the crucial part—they established that the US could hold territory that was not on a path to statehood. It created a permanent second-class status for these lands.
Speaker 1 (8:07) This is the legal original sin you mentioned earlier.
Speaker 2 (8:11) It is. Because just a few years later, in 1898, the US wins the Spanish-American War and acquires Puerto Rico, Guam, and the Philippines. Suddenly, you have millions of people in these new territories. Exactly. And the Supreme Court has to decide, do these people get full constitutional rights? Are they citizens? And they looked back at the guano act. They cited the guano precedents in a series of decisions called the Insular Cases. The court ruled that these places "belong to the United States, but are not part of it."
Speaker 1 (8:50) The legal justification for why 3 million Puerto Ricans today have no voting representation in Congress is literally based on 19th-century laws written for uninhabited rocks covered in bird poop.
Speaker 2 (8:58) That is a staggering legacy. We usually associate that kind of colonial logic with the Scramble for Africa, which was happening right around the same time.
Speaker 1 (9:12) The parallels are undeniable. In the 1880s European powers were carving up Africa for rubber and diamonds. The US was carving up the Pacific for fertilizer. Both used these pseudo-legal frameworks to justify taking resources from places they had no right to.
Speaker 2 (9:19) And the violence wasn't just on the islands themselves. In South America, this resource curse led to a massive, full-scale war—the War of the Pacific. Chile versus Peru and Bolivia. It was a brutal industrial war fought almost entirely over the control of these nitrate fields. About 18,000 people died, and the map changed forever.
Speaker 1 (9:29) Completely. Bolivia lost its entire coastline. If you look at a map today, Bolivia is landlocked. That is a direct result of the guano war. They lost their access to the sea because their neighbors wanted the fertilizer.
Speaker 2 (9:55) But like all these extractive frenzies, the supply eventually ran out. By the late 1800s the birds were decimated. The islands were scraped clean, right down to the bedrock.
Speaker 1 (10:08) The ecological cost was catastrophic. The Peruvian seabird population crashed from around 53 million to just 4 million. Humans even started overfishing the anchovies to make fertilizer directly, which just starved the birds that were left.
Speaker 2 (10:15) So the guano is gone. The world is facing famine again, and this is where the story shifts from geology to chemistry.
Speaker 1 (10:34) Enter Fritz Haber, a German chemist who in 1909 figures out the impossible. He invents a way to pull nitrogen directly out of thin air and turn it into synthetic ammonia. The Haber-Bosch process—possibly the most significant invention of the 20th century. It decoupled humanity from the limits of nature. We didn't need the birds anymore. We could just build factories.
Speaker 2 (10:42) But there is a cruel irony here, isn't there? This invention saved the world from starvation, but it also fueled the First World War. It did. When WWI started, the British Navy blockaded Germany. They cut off all shipments of nitrates from Chile. Germany should have run out of explosives in months. The war should have been over by 1915, because explosives need nitrogen. Exactly. But because of Haber-Bosch, Germany just retooled its fertilizer factories to make bombs. They synthesized the explosives from the air. The technology that feeds billions of us today is the same technology that allowed the Great War to drag on for three more years, killing millions more people.
Speaker 1 (11:14) It's a sobering thought. Today, it's estimated that half of the nitrogen atoms in our bodies—the stuff making up our DNA—comes from a Haber-Bosch factory. We are chemically distinct from our ancestors because of this shift.
Speaker 2 (11:26) We are. Science replaced the birds. But here's the thing—the guano islands didn't just disappear because the guano ran out. The US didn't give them back. They repurposed them. Of course. Once you have a foothold in the Pacific, you keep it. Midway Atoll was claimed for guano in 1867. Seventy-five years later, it's the site of the most important naval battle of World War II.
Speaker 1 (11:49) Johnston Atoll became a storage site for chemical weapons and Agent Orange.
Speaker 2 (11:52) They went from exporting fertilizer to storing weapons of mass destruction.
Speaker 1 (11:57) And legally they remained in that strange limbo. The Guano Islands Act is technically still on the books. In fact, in recent years, you've had libertarians and crypto enthusiasts trying to use the act to claim new islands to start their own micro-nations.
Speaker 2 (12:11) You're kidding? No, the courts have shut them down, but the law itself still exists. It's a zombie law from the 1850s still walking around.
Speaker 1 (12:18) This deep dive has really highlighted how much of our modern world—our map, our laws, even the chemical composition of our bodies—is tied to this one bizarre moment in history.
Speaker 2 (12:30) It really challenges the way we view history, I think. We look for great men and great ideas, but sometimes history is just a desperate scramble for a specific molecule.
Speaker 1 (12:39) It reminds me of how we often overlook the materials that actually build our civilization. We think of law as this abstract philosophical thing, but here the law was just a tool to get a commodity.
Speaker 2 (12:51) That's a great point. The law followed the shovel, and that shovel was chasing nitrogen. It's a very materialist view of history, but in this case, it's the only one that really makes sense. If you remove the nitrogen crisis of the 1850s, you likely don't have the US territory of Guam today. The causal chain is that direct.
Speaker 1 (13:10) Which forces us to ask, what is the guano of today?
Speaker 2 (13:13) That's the question, isn't it? I mean, right now, we are passing laws and staking claims for lithium, for cobalt, for rare earth metals in the deep ocean.
Speaker 1 (13:21) Even water rights. And we're writing the rules for the moon and for asteroids right now.
Speaker 2 (13:25) Exactly. So in 150 years, will people look back at our lithium acts or our asteroid mining treaties and see the roots of their own geopolitical nightmares? Are we creating the next unincorporated territories right now without even realizing it?
Speaker 1 (13:39) A scramble for resources always leaves a legacy that lasts longer than the resource itself.
Speaker 2 (13:44) And usually it's a legacy of unintended consequences.
Speaker 1 (13:48) Well, that is a heavy thought to end on. If you want to see the maps of these islands or read the text of the Act yourself, we've got it all up at obscurarium.com.
Speaker 2 (13:57) And sign up for the weekly newsletter while you're there. We dig up stories like this every week.
Speaker 1 (14:02) Thanks for joining us in the deep end. Until next time.
Further Reading
From the original newsletter article:
Books:
Christina Duffy Burnett, "The Edges of Empire and the Limits of Sovereignty: American Guano Islands" in American Quarterly (2005)
Daniel Immerwahr, How to Hide an Empire: A History of the Greater United States (2019)
Gregory T. Cushman, Guano and the Opening of the Pacific World: A Global Ecological History (2013)
Legal Documents:
The Supreme Court case Jones v. United States, 137 U.S. 202 (1890)
Full source list available in the newsletter: Further Reading
From the original newsletter article:
Books:
Christina Duffy Burnett, "The Edges of Empire and the Limits of Sovereignty: American Guano Islands" in American Quarterly (2005)
Daniel Immerwahr, How to Hide an Empire: A History of the Greater United States (2019)
Gregory T. Cushman, Guano and the Opening of the Pacific World: A Global Ecological History (2013)
Legal Documents:
The Supreme Court case Jones v. United States, 137 U.S. 202 (1890)
Full source list available in the newsletter: obscurarium.com/guano-madness
This episode is based on our newsletter deep-dive: The Great Guano Madness: The Forgotten Scramble That Gave America Its Imperial Playbook
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