Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-05-16
LEGATION OF THE y. S. OF AMERIeA,1
Buenos Hures. Feb. Is. 1926.


In the official note which the undersigned,
Charge d'Affaires of the United States Of Anne.
RIGA, had the honor to address to H. Elk. Admit
raj Lobo, Commander of the Imperial Brazil
liam squadron bockading the coasts and ports
of Buenos Ayres, under date of lst of January
last, it was reserved by the undersigned to pre-
sent on future occasion the views and princl-
Piles protested and put forth by the government
Of the United States on the law Of blockade
In conformity to that reservation the undersign-
ed Of II. E. Admiral Lobo, and, if deemed
worthy Of transmission, to that Of his Imperi-
al Majestys ministry, the following observa-
tons.
If the subject Of blockade, so simple in its
original application, now involves the most
complicated questions of maritime law among
nations, it is to be ascribed TO abuses of power
on one side, too much condescension on the
other, and to the multitude of incidental cases
which have arisen as presidents, establishing
arbitrary and ephemeral doctrines. since the
breaking down Of the original bounds and lard
marks Of mutual and universal rights.
Although the commerce Of the United States
has been, to greater extent than any other, the
victim Of those gigantic abuses Of power, it
has never suffered without just complaints, in
individual cases, and government Of the said
States, against the principle and practice OF
every thing like an imaginary blockade, the
Hydra Of lawless oppression.
Thus it has ever been maintained by the Uni
ted States that proclamation or ideal block
ade OF an extensive coast, not supported by the
actual presence of naval power competent 10
enforce its simultaneous, constant and effective
operation on every point OF such coast, is lille
gal throughout its whole extent, even Tor the
ports which may be in actual blockade; other
wise every capture under notified blockade
would be legal; because the capture itself would
be proof Of the blockading force. This is, in
general terms, one of the fundamental rules CT
the law of blockaGes, as professed and prac-
tced by the government of the United States
And if this principle is to derive strength from
the enormity Of consequences resulting from
contrary practice, it could not be better sus-
tanned than by the terms OF the original decla.
ration of the existing Brazilian blockade, COM
bined with its subsequent practical application.
The manifesto of II. Elk. Admiral Lobe, da-
ted 2lst December last, declares that sail the
ports and coasts ofthe Republic Of Buenos Ayres,
and all those on theOriental side, (of La Pla!a>
which may be occupied by the troops Of Bue-
nos Ayres, are, from that date, subject TO the
most rigorous blockade" This declaration Of
blockade embraces an extent of maratime coast
of more than twenty degrees Of latitude; or
which vast coast it is not pretended that mis- I'M
perial ma jesty maintains any force beyond
single corvette, the "Maria da Gloria" If,
therefore, there can exist any thing like an i'm
aginary blockade, this is, most unequivocally,
one OF that description; and as such, in conior-
nifty with the principles before laid down, it
calls for the resistance Of the government of
United States. If we turn our attention TO the
manner in which the blockade has been enforced
in the immediate waters of Buenos Ayres, "a
bundant matter Of criticism presents ITSELF
Since the establishment Of the blockade six TO-
reign vessels, according to the annexed list, have
entered the inner roads Of Buenos Ayres, and
three have gone into the port OF Ensennada.-.
Among the former, was carried into Monte
video, detained nearly week, and then suffered
10 take new destination, without any endorse
menl Of the notice Of blockade an the principal
papers of the vessel, as is practiced in similar
cases by other maratme nations. Another,
Hamburg ship "Daphne," passed within gun
shot Of the Brazilian squadron, and, under the
protection of very inferior force, proceeded
up the anchorage of the inner roads BY
these examples, occurring in fine season Of the
year, there being no violent stormy weather to
Justify such failure TO enforce the blockade, it
seems to be conclusively proved, either that the
Brazilian squadron cannot, or that it will n0ten.
force it. And thus this high and important bel
ligerent measure, which ought to be rigorous
ly, constantly, and uniformly put into execution,
has dwindled into feeble and inefficient effort,
depending on casualty, caprice or convenience
On full view and mature consideration of
all these circumstances, the undersigned feels it
his indispensable duty 10 demonstrate and pro-
test, and he thus demonstrates and protests a.
ganst the blockade Of the ports and coasts Of
the Republic Of Buenos Ayres, as lately declar-
ed by H. Ex Admiral Lobo, Commander in
chief Of his imperial Brazilian Majesty's forces;
the said blockade being, in its general charac-
ter, as well as in its practical application stamp
ed with inefficiency; supported by naval pow
er wholly incompetent 10 enforce it in its whole
extent, and consequently illegal; prostrating
neutral rights, and wholly inadmlssable on the
part of the Government ofthe United States.
Having thus demonstrated and protested a.
gainst the said blockade, the undersigned re-
serves to the government Of the Uniled States
the right Of continuing, as may be deemed ex-
pedient, the further discussion Of national and
individual interests, involved in this very i'm
por!anl subject.
The undersigned takes this occasion to re-
new to His Excellency Admiral Lobo, the as
surance of his highest consideration and re-