The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-04-27
Secretary Bayard Informs Senior Becerra that
No Blockade Will Be Recognized Unless
Made Effective by National Vessels,
Citing the Attitude of England in 1862
in Support of His Position.
Mr.. Hendricks Unable to Adjust Himself to
the Obscurity Supposed TO Surround
-President-General Notes.
THE LAW OF BLOCKADE.
Correspondence Between Senor Becerra and
Secretary Bayard.

Correspondence Between Senor Becerra and
Secretary Bayard.
WASHINGTON, April 26.-The following cor
respondence has recently passed between Secre-
tary Bayard and Senor Becerra the Colombian
minister at Washington, with reference to de-
cree Of the Colombian government closing cer-
tain of it's ports to foreign commerce, and virtu-
ally declaring the vessels of the insurgents now
engaged in hostile preparation against Catha-
gena to be beyond the pale of international law.
Under date of April Senior Becerra writes to
Secretary Bayard as follows:
II yesterday had the satisfaction to receive a
telegram from the President of Colombia, dated
at the capital city of the Union that same day.
whereby that magistrate informs me that the
entire republic is now pacified, with the excep-
tion of a part OF Panama. in the State OF that
name, and the parts of Sabinello. Santa Marta
and Barranquie, in the States Of Bolivar and
Magdalena. Active military operations, how
ever, were still in preparation against the
rebels who hold those points in our
territory, and, with view to making them more
Efficient various measures of highly important
character had been adopted two of which have
the honor, i'll obedience to special instructions,
to bring to the knowledge of this government.
By first decree the Colombian government. in
the exercise of It's authority expressly enforcing
pertinent provisions of its commercial and reve-
nue. laws, declares the ports of Sabinella and
Santa Marta, in the Caribbean sea, and the
fuvial port Of Barranquilla. which is
very near to Sabinella, closed to foreign COM
merce. All attempts to import or export goods
through the aforesaid ports, after this decree is
known, will therefore be considered as Illicit
and trade thus carried on will be considered con-
traband, and the vessels, crews, etc. engaged
therein, will be liable (hesides forfeiting the
goods to tho penalties in such cases provid-
ed by the Colombian laws. By second Decree
the government of Colombia declares that yes.
sells which are now stationed at the
entrance to the bay OF Cartagena in
the port of that name in the caribbean sea,
and which are there embarrassing and even
making war upon international commerce, un-
der the flags of various friendly nations and by
means of the vessels of the lines of regular
eommunication which have long been estab,
ished, do not belong to the United States of
Colombia, and that they have no right to raise,
as they nevertheless do raise, the flag of that
nation. AS consequence both their existence
and their action, which are wholly irregular, put
them beyond the pale of international law, and
their proceedings, which are hostile to the
peaceful operations of commerce at tie entrance
to a commercial port belonging to anation which
is at peace with the whole world may. in all
cases, be punished by the vessels that are
charged in these waters to watch over the in
terests of commerce in general, and over the
special interests of the nations to which they
respectively belong. In informing you, Mr..
Secretary of State, as hereby have the honor
to do. of the restoration of peace throughout
almost the entire territory of Columbia. and of
the measures adopted with a view to its
restoration in the ports which are still held by
the rebels | entertain the hope that this in
formation will be gratifying to you, and that the
DEGREES in question will have, in your estima-
tion, the weight necessary to cause them to be
considered as important to American commerce."
Under date of April 25, Secretary Bayard
replied to Senor Becerra, recapitulating the con-
tents of the latter's communication, and setting
forth the position of the United States with ref
erence thereto, as follows:
This government following the received
tenets of international law, does not admit that
decree of a sovereign government closing GER
tain national ports in the possession of foreign
enemies or insurgents, has any international
effect unless sustained by blockading force
sufficient to practically close such ports"
Secretary Bayard then quotes from Lawrence
('Notes on Wheaton") the rule in such cases as
drawn from the positions taken by the admins
trations Of Presidents Jefferson and Madison,
during the struggle with France and England,
and continues as follows:
,'The situation which the present decree
assumes to create is analogous to that caused by
the action Of the government of New Grenada
in 1861. The Grenadian charge d'affaires, Senor
Rafael Pombo, on the 31st of March, of that
year. notified Mr.. Seward that certain ports,
tagena, Sabanillo, and Seapote, all on the
Carrbean coast, had been declared to be closed
to commerce, whether export or import There
is this difference however. that the Granadian
government thcn announced that war vessels of
the confederation were to cruise about
the ports closed to commerce, for the
purpose of seizing vessels which should be found
violating the closure which had been decreed.
1t appears from Mr.. Stewards note of acknowl-
edgment to Senior Pombo, dated April g. 1861
hot ho Ypad xUac Inyo
preted, and correctly so, as declaration that
certain named ports were in state of blockade
which should be rendered effective by national
vessels, and of which due public notice had
been given. While the government OF the
United States, in 1861, thus confirmed the doc
trine it had consistently maintained from the
earliest days of the Republic, that non possessed
ports might be effectively closed by maritime
blockade, the British government then contro-
verted the right of New Grenada to resort to
such a remedy"
The Secretary then quotes statements of Lord
blockade, made in answer to an inquiry in the
and continues as follows:
EARLY in 1861, when the civil war in the
United States broke out this government main
tanned the position that the municipal closure
Of domestic ports in the hands of confederate
forces was a legitimate incident towards the
maintenance of an effective blockade by sea.
This was opposed by the British government,
and in the correspondence which then took place,
Lord John Russell repeatedly announced to
Mr.. Adams the same rule as he had
previously announced with regard to the
Grenadian Decree and he finally
appealed to his answer in the Now Grenada case
for the purpose of showing that it was intended
to make the rule universal The British Min
istry ultimately went to the extreme of declaring
that they would consider such q municipal en-
actment THAT of the closure of the nonpos-
sessed ports) as null and void, and that they
would not submit to measures taken on the high
seas in pursuance thereof. In speech made
Oct. 70 1867, by Mr. Golden, for the purpose Of