Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-03-28

world to the principle. tina, the protection OF all property
excepting contra sand of war, neutral yesse
oy neutral iorcei OF natural highland OF this principle
there can be no question, IL however belligerent pow
en- founded upon tine usage which has superseded the na-
raj right practices the seizure and condemnation of
property ornd in the vessel of friend remains for the
neutral 10 decide whether hc will acGucSre ia The
or whether he will maintain his right by ice M
neutral nation is bound submit the USAGE fur ho
none of the properties which give any USAGE the
sanction o. obligatory law. Its reasonable Il is no,
conformabct the law of nature Ills not 1i,j,,erry,i,
But reduced to the option maintaining g, by force
OF acqucScn in the disturbance of il wht has bern
usual ;e neutral nation NAV WELD al one time 4, lin,
usage without sacrificing her rgh yincatc by the
security finer flag another And the beili.eren; nation
although disposed 20 admit the right OF ncuras to procci
the property of her enemy upon the seas may We, is,y
refuse the benefit Of This principle, unless also by
the for The protection ui her property hy IN, same
neutral !ag Thus stands the state OF this question upou
the foundation Of r'''"''ii ronicrr and csonrr law
How stands II between aud the Republic Of Colombia
tine ground of conventional law? ,;y treaty. b,s veer
the United States aud Spain, concluded at a time when
Colombia was par, of the Spanish donuons, an, so far
as the an'st laws would admit eriOvcd the bpnrGt az
its spu(at""S, tine principle hat fee ships make free
goods was expressly recognized and tassled II is
serted 'at 10y her declaration Of Independence COLOMBIA
has been entirely ct, iron, ali the e!ua wv, ,o
as part OF ihe Spanish nation She hntni 10 other
nations? This principle is tcnab,c Tic all the en-
2aGcncntS o Spain w.! other their rigls
ana interests, Coiobia 50 FAR Sine by them
remains bound IN honor and IN Justice The stipulation uow
referred to o! tina; character and the - & besides tie
ural right protecting b. force, their vessels ON the
the property ui their IienS, ihou@ The Republic
g" Coiombia have the additional claim tie bcn l.; oci.
principle. by express compact with SPAIN made VIXEN
COLOMBIAN Spanish country. Again By the late
treaty OF 22d February, 1919, between The Cniic States
and spain, 1t IS agreed that the ISL, article of r treaty
Of 1I9o, in which it is stipulated that the fag shall cover
the property shall be understood with respect TO those
Powers, who recognize the pacipe: but If either of the
two contracting parties shall be with rd pary
am the other neutral the flag o the ncutra shall the
property of enemies whose governments ACKNOWLEDGE the
principle, aud not OF others.
This treaty having been concluded after the Territories
now composing the Republic OF Colombia had ceased ~
acknowledge the authority of Spain they are not parties
10 ~ but their rights aud duties in relation To The subject,
matter remain as Ihsy existed before it made Nor
will she be affected ~ ii at all if ,hc continues n a
ledge III her new national character, ana with reference m
the United States, the principle fee ships make free
goods, which the Conventions law between them vi
Colombia was part Of Spain.
You will urge all these considerations npon the Co,o,
ban Munster Of foreign affairs obtain restitution of the
cargo Of the Caravan, indemnify Tor H. The claim
rests upon foundations so solid, that is earnestly horc
your representations IN its ayor will he surccssl and in
the negotiation of the Treaty YOU will press in like
for the insertion of article Of the same purno, M ,
OF our last treaty with Spain above rrcted This rincipe
can with safety he cognzcd only 10 that extent: and 10
that extent the United States would Willingly assent 10 i,
with every other nation. 1t is principle favorable 10 The.
rights of peace, and of pacific spiit aud teieucv 7,
commended by every humane and liberal considerations as
rule oi universal application But the nation which
would enjoy the benefit " H. NEUTRAL or ms massive
oegeren' reSorng to the neutral lag alSa rcognze
as an active besercnt, and property OF her
enemy 10 be conveyed safely by the fac hch com
veys hers otherwise the liberal principle Of Itself nc,
10 the advantage of the bcgeent which rejects it, and
the mild spirit Of Peace is made subseryen TO the upceI
ing rapacity of War
4 resolution Of the House of re ,b ,o.
session OF Congress- requests TIE President OF the United
states 10 enter upon and TO prosecute i.onl time to time
such negotiations with the several ma Rhine movers of I'm
rope nnd America, as lac may deem expsicnt the cec-
unl abolition Of the African Slave trade; and its ultimate
remuneration as piracy under the Law OF Nations BY the
consent OF the civilized world
IN pursuance of this object Won IN communicate, ., VA,
Coonhian Government copies of the several acts of orr
Congress, for the suppression Of the avc-trar OF the
2Oth of April 1873, Omitted States laws vol vi H. 25 of
0d March, 1917 (p 3o and of 15;h Nav, 1920 IN 800
pointing their attention. particularly the fourth and finn
sections Of the last, which subject to the penalties or
every citizen OF tie United States guilty of active parc
patton in the African s'averadr Tho adonon Of This
principle III the Legislative code OF the narne nations
would OF itself probably suffice for Suppression of IN,
trade b"t'us would yet not uthorzC the armed vessels
of any nation capture those of another cnuacd in
the trade stipulation effect NAV be agreed y, ~,
the Treaty. conditioned that tie capor shall eirr own,
the captured patty tie tribunals OF his own co,u for
trial. to which should be added qua "a
upon tho capturing officer, proven: tie abusive exercise
OF his power.
There several of claims by citizens Of tn Uni
ted States upon the Colombian Governments which ,vprr
given IN charge of MIR. Todd, and concerning hc bn has
been often promised py Dr. Gau ia satisfactory proceed
nss would he had. Some of them aread of several
years standing and indemnity acknowledged to be due
upon them so long since when the late Commodore Per-
y was at Ansostura Mr. Todd viii put you in possession
OF the papers relating tem aud yOu will follow, nm the
demand of indemnlies with all the oarne,ncss and e
severance which their justice and the delays already inter-
posed may require
Most of them are complaints which have arisen from
maritime captures Before tic establishment of the Re-
public OF COLOMBIA the Venezuelan Revolutionary nuho.
rites io some time conncnanccd irregular system Of
maritime warfare, which degcnsrattd into absolute
piracy lbecahe subject Of very earnest rcmonstrarce
by the Government OF tho United States whose citizens
suffered severely under its dcpcdaons whose laws were
continually outraged ny lis operative agents. and whose
good faith an justice towards other it tende very
seriously to impcate Since the organization of the new
epnbic there has been less for complaints but a
t'"cton mas not yet been made for those which had risen
before = list ct the cases committed MIR. Todd and
copies OF papers recently received Department. from
The Delaware Insurance Company PhilafepIia
TO the schooner Minerva, are now furnished YOU
In this case of the Minerva the sentence is riycp nv an
assessor, acting Court Of Admiralty; and confirmed
oy the Comma ndant General Of Marine al Santa Marha
II refers 10 tine 18th article of ordinance of lh Mach
1917, (which is doubt law ang to prizes You are
requested to procure and transmit this Department coy
Of that ordinance and also exact nfoma Of the organ
zatou OF the Admiralty Courts, and any laws RELATING n