The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-04-30

the closure ~ non .lussosauu ptTnl
~ Hull aud void, and that they
would not submit 10 measures
taken on the hlgh seas. In pnrsuslce
u q speech maids October %, lstl, ny MI
Golden, more Tor the purpose Of show.
ing the attitude Of tho government ~
Great liritian 1T that tlno, he cites the
opinion al Prof. Poreies, an eminent
writer OF international maritime law, "
the effect that there can DO without
blockade no closure OF port not la pos
session of tho sovereign Issuing tbs do.
cree. lie also refers 10 the legislation Of
the congress of the United States In 1901
relative 10 the closing OF the ports OF inc
south, and summing up upon THIS point
says;
aAftor careful examination OF the au-
thorities aud precedents bearing upon
this important question, l am bound 10
conclude as general principle that a
decree by a sovereign power closing 10
neutral commerce ports held by It's enc
mics, whether. foreign or
domestic, can have no inter
national validity, and no extra
posing any obligation upon the govern
ments OF neutral powers 70 recognize u
or 10 contribute towards Its its enforce
meut by any domestic action ON their
part. Such u decree may Indeed DO
necessary as municipal enact
ment OF the state which prociaims
il, in order to clothe the execution with
authority 10 proceed TO the inst tu-
ton OF formal and effective blockade,
but when that purpose Is attained, It's
power is exhausted. II the sovereign
decreeing sucn closure have
. nava, force sufficiently strong
10 maintain n blockade, ana
and If he loudly proclaims such block
AIDE then he may seize and subject 10
the adjudication OF prize court vessels
which may attempt 10 run the blockade,
II he lay AN embargo, then vessels
attempting TO oyade such embargo
may he repealed by him II he
The decree OF the closure OF certain
named ports OF Colombia contains no
intimatlon of an Interior purpose 10 re-
sort 10 "A proclaimed aud enforced block
AIDE. 1t may, therefore, be premature 10
road your announcement as 'mpart-
ing such Interior measures, but II
gives me pleasure 10 declare that
the government of the United States
will recognize any effective blockade In
Sti,uted 6y tho United States oil Colon
| Ia with respect 10 It's domestic ports
not actually subject 10 its Authority.
This government will also submit tho
forCible repulsion of vessels OF the
United States by any embargo which
Colombia may lay upon ports oil which
IL has possession wnen IL has power 10
effect such repulsion, but the govern
ment OF the United States must regard
as utterly nugatory prorlamatlons clos
ing ports which tho United States of
Colombia do not possess under color OF
n naval force, whchSs not even pre-
tended 20 be competent u constitute a
blockade.
Upon the second point raised by
Senior Becerra's communication, viz,
the status Of insufgent vessels, Secre-
tary Bayard says:
''rhe government of the United
States cannot regard as piratical vessels
manned by parties in arms against tHe
Of the United States of
Colombia when such vessels are passing
To and from ports in the possession of
national government. In the late civil
war the United States, at an early pc
Rod of the struggle, surrendered thor
position chat those manning the con-
iederate cruisers were pirates under
law. The United
States of Colombia cannot,
sooner or later, do otherwise
than accept the same view. But how
ever this may be, no neutral power can
acquiesce in the position now taken by
the Colombian government, whatever
may be the merits of the vessels III the
power of the insurgents, or Whatever
may be the status OF those
there. Under the municipal
law OF Columbia IL they are brought by
the act of the national government
wit out the operation of that law, there
can be no question that such vessels,
when engaged as above stated, are not
by the law of nations pirates, nor can
they be regarded as pirates by the
United States. The statues of purpose
or OF employment which the govern
ment of Columbia socks TO
create against such vessels
by declaring them to be pirates is, OF
course, wholly distinct from their in-
herent status as floating property. On
this lattor point we are not as yet ade-
quateiy informed. The commanders of
naval vessels of the United States on
the Colombian coast have, however,
been told that if conclusive proof be
shown that any vessels belonging
to citizens of the United States
have been unlawfully taken from them,
the recovery Of such property by The
owners or by others acting in their be-
half to the end Of its restoration to their
legitimate control, is warrantaole.
Such a right is inherent,
depending wholly upon the
circu instances OF the case, and
cannot he derived from or limited by
any municipal decree of the Colombian
like that which you now
bring to my notice."
Secretary Bayard then reviews at
length the position taken by this gov
eminent during. the late civil
war with reference to the ques-
ton of tho closing of possessed
ports in order TO show the consistency
of the present action, and in conclusion,
says: "That ports now so possessed
cannot be closed, even by their legfti-
mate sovereign, without the equivalent
of q duly announced and effective block
ade, may be accepted as now an estab-
lished rule of international law.