New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-27

teryened between him and barrios 'ne AoA' -''
dictator.
CORRESPONDENCE WITH Mr.. BAYARD.
THE RIGHTS OF AMERICAN VESSELS IN FOREIGN
PORTS.
WASHINGTON, April l26.-Correspondence mas
recently passed between Mr. Bayard and senior
the Colombian Minister at Washington, with reference
TO decree of the Colombian Government, closing GER
tain Of its ports to foreign commerce and virtually ae
claring the vessels OF the insurgents now ehgageu "
hostile operations against Cartagsna to be beysno inc
pale of international law Under date OF Apr " sehor
Becerra writes to Mr. Bayard as folowsi
had the satisfaction to receive telegram
from the President of Colombia dated at the Capito
City of the Union on that same day. whereoy Una, niHd
with the exception Of the ports Of Panama in the state
of that name, ana those OF sabana ,rar San and MaS
daiena- Active military operations os h1wever, Nen
sG these s points in our territory and with view TO
making them efficient various measures ol hGh{
have the honor in obedepce to special Instructions TO
bring to the knowledge OF this Goyernmeh by ni ~
decree the Colombian Government in the exercise OF
It's authority, and expressly enforcing per,nens pro
visions of its commercial and revenue M laws e ne
and in pluval port of Baranqua very nearto
ssbanilla closed TO foreign commerce. All t 40 ~
import export goods through the aforesaid ports III
ter this decree is known Will therefore DC % n'
trabsnd and the vessels crews, etc, engaged therein
will be liable besdes forfeitng the goods 10 ne pena
v "a second decree the Government OF Colombia de-
cares that the vessels which are now satonoa az o
entrance 10 the bay OF Caitagen lh Tue port o tus
in the Caribbean Sea, and which are there embarrassing
and making war upon internatonal eolheCe i Gen. IL
der the hags of various friendly Nations ana ny means
of the vessels OF the lines Of regular c9mmuhcat9n
which have long been established do not Delog 10 hv
United states OF Colombia and hat they nay no t
to raise, they nevertheless do raise the nag Oh tnS
Nation. As consequence Dotn inc" ,rrerniar pTt
them beyond the pale OF interlatohal INV INV, anu anu
their proceedings which hostile TO the peaceful oper
atiens Of commerce at the entrance 70 i,bs IN
port belonging 10 nation which Is ~ peace "'.hs ~
whole world may in all cases be punished by the vessels
that are charged In these watch over the III
terests Of commerce in general aud over tho sleSl III
terests of the nations 10 winch they reslecu'cJ po
In informing you, Mr. Secretary OF state, hereby
have the honor 10 do, OF the restoration oi
psace throughout almost the entire territory
Of Colombia ia and % inc IN ne paris Which are Ps
held by the rebels lentertain the nope inat thls
Sn T w III Ia youG nG the %cs
sary TO cause them to be considered as important IN
American commerce. Oier yOu Mr secIelai! Vi StHe'
the assurance OF my highest consideration
Under date of April 20 Mr.. Bayard replied to Senior
Bererra recapuating the points Of the att"rs com
munication and setting forth the position OF the United
States with reference thereto, as folows
This Government following the received tenets OF In
ternatlobal law not admit that decree OF SOW
eregn government closing certain National ports IN the
international effect unless sustained by blockade force
sufficient TO practically close such ports
Mr. Bayard then quotes from Lawrence notes on Whea-
toni the rule such drawn from the positions
taken by tho administrations OF Presidents Jefferson aud
Madison In the struggles with France and England and
continues as follows:
The situation which the present decree assumes TO
is analogous TO that caused by the nct9h Oh ho
Goverpment OF New Granada In ls6l. The Granadian
Charge dAfaires. senor Rafael Pombo on the Slst OF
ports among Rio Hacha, Santa Marta Cartagena
sabanilla and ZaPote, an on the oarDneah S%i, H 81
export import There Is this difference however,
that the Granadian Government then announced that
war vessels of the 10 cruise about the
ports closed for the purpose OF selbg e
bao been decreed II appears Mr. Stewards note OF
aeknowledg cement to senor Pom6s dated April y 1851,
correctly So declaration that certain named ports
in state OF eoekadt yss Ta!Sh shSna SnS S 0f
which due public notice had been given. gi
While the Of the United states IN
from the earliest days Of the Republic, that non
lime BLOCKADE the British Government then con
roverted the gl Of New-Granada TO resort 10 such
remedy
Mr. Bayard then quotes statement OF Lord John
Russell with reference to the New-Granada blockade
made in answer to an inquiry in tho House OF Commons
on June 81, 1861, and continues ss foliows
Early In the civil in the United states broke
out This Government maintained the position that the
Confederate forces was a Legitimate Incident toward the
maintenance of an effective blockade by sea THIS was
opposed by the British Government and In the corre-
spondence which then took place. Lord John Russell Io
peaedly announced TO Mr. Adams the same rule az he
had previously announced, with regard to the Grana-
dian decree, and he finally appealed 70
h ds the purpose of showing that intended to
the rule Universal The British Ministry ultimately
ser wse 40 lne nncp % ha Of ho Of
non possessed ports as null and void ana NAT they
would submit TO measures taken on the nigh seas III
pursuance OF such decree
Mr.. Bayard quotes from speech made on October 20,
1892 Mr. Golden for the purpose OF showing the at
tude Of of Great Britain at that time
and cites the opinion OF Professor Perels,
an eminent writer ON international maritime
law to the effect that be, without blockade
closure OF port not In possession OF the sovereign
issuing decree He also refers TO the legislation In
the Congress United States In 1861 relative TO the
closing Of ports of the South and In summing up
this point, saysi
After careful examination of the authorities and prece
dents bearing upon this important question, am
bound 70 conclude as general princlp.o that
neutral comsrce ports held by It's enemies, whether
foreign domestic can have no international validity
ing any obligation upon the Governments Of neutral
Powers TO recognize II or TO toward ts en-
decree may, Indeed, be necessary as municipal enact
executive with authority proceed to the institution Of
formal and effective blockade, but when that purpose 10
attained powers exhausted If decreeng
such closure have naval force sufficient 70 maintain
blockade, and II he duly proclaim such blockade then
court a vessels which may attempt 70 the bocfade
If he lay embargo. then vessels attempting 70 eySde
closure Of certain nam ed ports Of Colombia contains
resort to proomsa and elective
be SrGS iST Sn Ss e as
declare that the Government Of the United states
will recognize any effective blockade Instituted by the
United States OF Colombia with respect 10 It's domestic
ports not actually subject to its authority. This Gov
ernment will also submit TO the forcble repulson Of
| vessels Of the United States by embargo which
Colombia may lay upon ports Of which IL has
possession, when 1t has power to effect
such repusion. But the Government OF the United
States must regard utterly nugatory procamatons
closing ports which the United States OF Colombia do not
possess under color of naval force, which is not even
pretended to be competent to constitute blockade.
Upon the second point raised by Senior Becerras COM
munication viz the status OF insurgent vessels, Mr.
Bayard says;
The Government of the United States cannot
ragard aa prsfcal vessels manned by par
ties in arms against the Government OF the