The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-04-27

the British government. aud in thel
correspondence " hieh then took place,
Lord John Russell repeatedly an
nounced TO Mr.. Adams tho same rule
rs no hud previously announced with
regard TO the Grenadan decree, and he
finally appealed 10 his answer in the |
New Grenada case, for the purp9sa OF
showing that il was Intended To make |
the rule universal The British minis
ter ultmai oily went tC The eXtreme OF |
declaring that they would consider /
such munlsipal enastment (that OF |
the closure OF non-possessed portS) |
as null and void, and thSt they |
would not submit to measures
OF IA speech mads October -, 1862, ny Mr.. |
Cohden, moro ter the purpose Of show
ing tbs attitude % the government OF
Great Britain az ghab time, he cites the
opinion OF Prof Rereles, en- eminent
winter OF ofinternatidnal maritime lavy, to
the effect that lheT1 can be without
blockade no closure Of y port not in pos-
session of the sovereign issuing the de-
cree. He also reiors % the legislation OF
tic congress Of the Ualted Statas in 1881
relative To Tho closing ~ tho ports OF the
south, and summing nP upon this point
Says
"Atier careful examination of the Gu-
thonties and precedents bearing upon
this important question: am boand TO
conclude as "a general principle that a
decree by sovereign power closing to
neutral commerce ports held by its enc
mics, whether, foreign or
domestic, can have no inter
national validity, and no extra
territorial effect ia the direct,on OF sm-
posing any obligation upon ihe govern
ments OF neutral powers 10 recognize il
or TO contribute towards its its ENFORCE
ment by any domestic action on their
part. such decree may indeed be
necessary as Ii municipal enact
ment of the state which proclaims
IT,, in order TO eiothe the execution with
authority to proceed to the inst tu-
ti0n OF formal aud effective blockade,
but when that purpose is attained, ils
power is exhausted. If the sovereign
decreeing such closure have
a naval force sufficiently strong
TO maintain blockade, and
and If he loudly proclaims such block
ade theu he may seize and subject TO
the adjudication OF q prize court Vsssols
which may atte empt TO run the blockade.
II he lay an embargo, thon vessels
attempting to eyade such embargo
may be repelled by him If no
90 In possession of the port 80 closed.
The decree OF the closure Of certain
named ports oil Colombia contains no
, intimation of an ulterior purpose to re-
: sort 10 a proclaimed aud enforced block.
gde, IL may, therefore, be premature To
+ read your announcement as impart
: ing such ulterior measures, but II
I gives mo pleasure to declare tha
4 the government of tho United State
/ will recognize any effective blockade in
! stiuted by the United States OF Colon
o Ia with respect to it5 domestic port
q not actually subject TO its authority
q This government will also submit th
: forcibio repulsion OF vessels OF tn
II United States by any embargo whicl
J. Colombia may lay upon ports OF whiol
A II has possession when it has power q
O effect such ropulsiOn, but the govern
1 ment Of the United States must regar,
r as utterly nugatory DroolamatiOns clos
Il ing ports which the United States q
d Colombia donOt possess under color q
II naval force, which is not even pre-
Y tended to be competent TO constitute
H blockade.
d Upon the second point raised b
q Senior Becerra's communication, viz
NJ the status of insurgent vessels, SecrI
Is tary Bayard says:
a "rho government of tho Unite
n Statos cannot regard as piratical vesse
re manned by parties in arms against IL
n government of the United States
e, 4 Olombia when such vessels are passin
re 10 and from ports in tie possession
ar national government. In the late civ
rs war the United States, at an early ~
Nv rlOd of the struggle, surrendered the
O. position that those manning the COZ
" iederate cruisers were pirates undo
to international law. The Unite
nd States of Colombia oannO
at HA a. lns Il
of than accept the same view. But hOy
Lh ever this may he, no uentral power ca
IN aCquiesce In the position now taken h
Id the Colombian government, whatevI
Nc may be the merits of the vessels In Il
le nOwer of tho insurgents, or Whatav,
he may be the status of thoi
g. manning there. Under the municip
ia law of Columbia IL they are brought /
be the act of the national govorume'
Cd wit out the operation Of that law, the
,r- eau be no question that such vessel
er when engaged as above stated, are n
TO by the law of nations pirates, nor O.
n. they be regarded as pirates by HI
as United States. The statues of purpo
or or OF employment which the COVER
on ment of Columbia seeks
Ire create against such vesse
Is by declaring them 10 bo pirates Is,
IA. course, wholly distinct from their Il
by herent status rs floating property. c
lis this latter point we arc not rs Yet ad
IN, quately informed. The commanders
nj naval vessels of the United States
,ht the Colombian coast have, howev,
Id. been told that II conclusive proof
M shown that any vessels belongii
to citizens of the United Stat
nv have been unlawfully taken from the
ca tho recovery of such property by l
m. owners or by othors acting In their b
,si half TO the end OF its restoration TO the
lce Legitimate control, Is warrantab
Such a right is inherol
re- depending wholly upon &
)es circu instances OF the case, n
gn cannot be derived from or limited
nal any municipal decree of the Colombii
no government, like that which you M
or bring TO my notice."
n Secretary Bayard then reviews
lly length the position taken by this gC
ernment during the late ci'
om war with reference TO the Out
ale ton of tho closing of possess
,si- ports In order 10 show the consisten
of of the present action, and IN oonclusic
ar. says; 'That ports now so possess
nd cannot bo closed, even by their legi
mate sovereign, without the equival0
It's of a duly announced and effective bloc
/ tc ade, may DO accepted AS now an esta
rn, lished rulo OF international law.
J.. Tbs Sftnntinu M Panama