Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-03-23

the neutral TO decide, whether he will acouie.ce
in the usage, or whether he will maintain his
natural right by force. No neutral nation is
bound to submit to The usage: for it has none
OF the properties which can give to any usage
the sanction of obligatory law. 1t is not rea-
sonable. II is not comfortable to the law Of
nature. 1t is not uninterrupted. But reduced
to the option of maintaining its right by force
or of acquiescing in the disturbance of it which
has been usual, the neutral nation may yield at
one time TO the usage, without sacrificing her
right to vindicate by force the security of her
flag at another. And the belligerent nation, al
though disposed to admit the right Of neutrals
to protect the property Of her enemy upon the
seas, may yet Justly refuse the benefit of this
principle, unless admitted also by the enemy,
for the protection of her property, by the same
neutral flag Thus stands the state of this
question upon the foundations of natural pol,xa-
fary, and customary law. How stands it be-
tween US and the Republic of Colombia. on the
ground Of conventional law9 By treaty. be.
tween the United States and Spain. concluded
at time when Colombia was a part of the
Spanish dominions, and so far as the SPANISH
laws would admit, enjoyed the benefit of its
stlpulatlons, the principle that free ships make
tabshed. 1t is asserted that by her declara.
ton of independence, Colombia has been en-.
tirely released from all the obligations, by which
as part of the Spanish nation she was bound 10
other nations? This principle is not tenable.
10 all the engagements Of Spain. with other
nations, affecting their rights and interests
Colombia, so far as she was affected by them,
remains bound in honor and in Justice. The
stipulation now referred TO is of that character
and the United States, besides the natural right
OF protecting by force, in their vessels on the
seas, the property of their friends, though enc
mics of the Republic of Colombia have the
additional claim to the benefit Of the principle.
by an express compact wfsS Span made when
Colombia was Spanish c5Gtry. Again, by
the late treaty of 22d February, 1919, between
the United States apd Spain, it is agreed that
the 5th article OF the treaty of 1895, in which
it is stipulated that the flag shall cover the pro-
perty, shall be so understood with respect to
those Powers, who recognize The principle:
but, if either Of the two contracting parties
shall be at war with third party, and the other
neutral, the flag Of the neutral shall cover the
property CT enemies whose governments &C.
knowledge the principle, and not Of Others
This Treaty having been concluded after the
Territories now composing the Republic of Co
lombia had ceased 10 acknowledge the authof-
ty Of Spain, they are not parties to it, but their
rights and duties in relation to the subiect-mat-
ter remain as they existed before it was made.
Nor will she be affected by it at all, if she con-
tlnues to acknowledge in herncw national cha
racter, and with reference to the United States,
the principle that free ships make free goods,
which was the Conventional law between them
while Colombia was part of Spain.
You will urge all these considerations upon
the Colombian Minister Of foreign affairs, to
obtain restitution of the cargo of the Caravan,
or indemnity for it, The claim rests upon foun-
dations so solid, that i, is earnestly hoped your
representations in its favor will be successful;
and in the negotiation of the Treaty you will
press in like manner for the insertion Of an ar
ticle ofhe same purport as that of our last trea-
ty with Spain above rccited. This principle
can with safety be recognized only TO that ex-
tent; and to thatextent the United States would
1t is principle favorable to the rights of peace,
and of pacific spirit and tendency. II is recon.
mended by every humane and liberal consider
alton, as rule of universal application. But
the nation which would enjoy the benefit of it,
as neutral, or as passive beligeren,, resort
ing to the neutral flag, must also recognize ie
as an active belligerent, and suffer the property
Of her enemy to be conveyed safely by the same
flag which conveys hers; otherwise the liberal
principle of itself is turned to the advantage of
the belligerent which rejects it, and the mild
spirit of Peace is made subservient to the I'M
feeling rapacity of War.
A resolution of the House of Representatives
Of the late session of Congress, requests the
Presidento of the United States to enter upon
and to prosecute, from time to time, such ne
gotiations with the several maritime powers of
Europe and America, as he may deem expedi,.
ent for the effectual abolition Of the African
Slave trade and IT'S ultimate denunciation as
piracy under the Law Of Nations, by the consent
of the civilized world.
In pursuance of this object you will commu- .
nicate to the Colombian Government copies of
the several acts Of our Congress, for the sup
preston of the Slave-trade, Of the 10th Of April
1918, Omitted States laws, vol. vi. p. $3.50 Of
80 March, 1919, Up. 435) and Of 18th May,
1920, Up. 529. pointing their attention partn-
uarly to the fourth and fifth sections OF the last
which subject to the penalties Of piracy every
citizen of the United States guilty Of active
participation in the African slave-trade. The
adoption of this principle in the Legislative
code of all the maritime nations, would, Of it.
self, probably suffice for the suppression of the
trade. But, as it would yet not authorize tho
armed vessels of any one nation to capture