Mr. Seward to General Salgar
Sir: The attention of this government has been drawn to a decree “upon the adjudication of maritime prizes,” made by the President of the United States of Colombia, at Bogota, on the 17th of November, 1866, which decree is understood to have been promulgated at that capital. By the aforementioned decree it is declared—
1. That the cruisers of the allied republics of the Pacific, in the war with Spain, may carry their maritime prizes into any port of the republic of Colombia, but their adjudication shall belong to the supreme federal court, conformably to the national constitution and law, it being understood that the fact of bringing in the prizes shall be proof of the acquiescence of the sovereign of the captor that they shall be adjudged by the said tribunal.
It is declared by said decree, secondly, that the cruisers of Spain, in the war mentioned, may carry their prizes into the ports of the republic of Colombia, and that their adjudication shall belong to the supreme federal court, it being understood that the fact of bringing the prizes in shall be proof of the acquiescence of Spain that they may be adjudged by said tribunal.
It is declared, thirdly, that the highest political authority of the port in which any such prize may arrive shall require the captor to present the sea-papers of the vessel or property captured, and shall proceed immediately to examine the officers and mariners, which proceedings, proofs taken, and original documents of the captured vessels shall be. as soon as practicable, reported to the supreme federal court, that it may take jurisdiction of the case.
It is declared by said decree, fourthly, that the captured vessels that may be declared good prize by said court may be sold in the ports of said republic of Colombia.
It is the opinion of this government that the decree of the President of Colombia, in all its parts thus recited, absolutely contravenes the law of nations, which devolves upon the sovereign of the captor exclusive jurisdiction over prizes, and the responsibility to parties concerned for the just and lawful exercise of that jurisdiction.
The President is of opinion, further, that that exclusive jurisdiction cannot be either directly or indirectly, delegated or conveyed to any foreign power, whether an ally or neutral, and that no such ally or neutral can, in any way, acquire jurisdiction over prizes made by a belligerent in any such manner as is specified or indicated in said decree.
The government of the United States is obliged to suppose it possible that vessels, papers, or other property of citizens of the United States may, by means of capture or otherwise, be found in the ports of the republic of Colombia, and be subjected to proceedings of some sort, judicial or otherwise, under the said decree. The President, therefore, deems it his duty to announce to all the belligerent parties concerned, as well as to the United States of Colombia, that it is held by this government that the decree, in the respects recited, is entirely null and void against the United States, and that it may be expected that the said decree and all proceedings under it will be regarded by this government, including its several executive and judicial authorities, as having no effect upon citizens of the United States, or upon vessels, papers, or other property belonging to them.
I avail myself of this occasion to renew to you the assurance of my most distinguished consideration.
Señor General Don EustorjioSalgar, &c., &c., &c.