Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress
Mr. Burton to Mr. Seward
Sir: I have the honor to enclose the annexed papers relating to the seizure on the Magdalena river, on December 11, 1865, of the steamer Antioquia, the same mentioned in my number 213 and various previous despatches.
[Page 481]The stock in the company to which the Antioquia belongs is owned chiefly by citizens of the United States. After consultation with her Britannic Majesty’s chargé d’affaires, we advised Mr. Joy, the company’s agent, to address his reclamations directly to the Colombian government, which he did, but received no substantial satisfaction, except an order for the return of the boat.
The resolution to submit the question of damages to the supreme court, and to bring the wrong-doers before that tribunal for trial, though apparently fair, is simply a shift to evade responsibility.
The vessels of this company came into Colombian waters under the invitation and guarantee held out by the laws of this republic. (See papers R, S, and T, hereto attached.)
The enterprise has proved beneficial to this country, but until two years ago not profitable to their owners.
The boats carry the American flag, in accordance with the Colombian laws.
This gives some importance to the enterprise of our people and to our national name, and tends to increase the trade of our country.
Señor Vengoechea, who seized the boat, is a part owner of a rival line lately established. The boats of the rival line were accessible, and not employed at the time of the seizure. His is a Colombian company, and cannot successfully compete with that managed by Mr. Joy. There was, however, no public necessity for taking the boat, and I am satisfied that private interest was the sole cause of the act.
By the national laws this proceeding is unjustifiable under any circumstances.
The return offered by the President of Magdalena was most likely pretended. It consisted in granting the privilege to the owners to seek for and receive the boat wherever she might be found, and whatever might be her condition, instead, as would have been just, of delivering her at the company’s ship-yard in Baranquilla, or making a judicial deposit of her in case the tender was refused. The offer imposed on the company the unjust necessity of searching for her over six hundred miles of river and bayous. This would have required another boat, which the company could not spare without incurring a forfeiture by a failure to perform its mail contract, which the President well knew. His acts do not stamp with sincerity the regrets expressed in his note D.
The evasive and unsatisfactory manner in which the national government disposed of the case induces the belief that it sympathizes with the conduct of the State. This is, indeed, more than probable.
The government of Magdalena is composed of the political friends of the national administration, while the enemies whom the former was fighting are hostile to the latter also.
Before taking any action in the case, the British chargé d’affaires and I have deemed it advisable to refer it to our respective governments for instruction.
In connection with this affair, I beg to be excused for repeating what I have felt it my duty to state to the department heretofore, that summary and energetic measures alone can put an end to the constant oppressions of our citizens on the Atlantic coast. To permit the injury to be inflicted, looking to the general government for reparation, is entirely illusory.
This government is not moved by the sense of justice to render this a sufficient remedy. It is, in fact, no remedy at all.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Mr. Chapman to Mr. Burton
Sir: I have the honor to enclose herewith a copy of the communication received from Mr. Robert A. Joy, in which he calls my attention to the fact that the steamer Antioquia, flying the American flag, while on her downward trip from Nare, was, on the 11th instant, seized by Mr. Manuel Vengoechea in the name of the State of Magdalena, her cargo, mails, and passengers landed at Calamar, and the steamer carried off by force.
In reply, I notified Mr. Joy that the fact to which he alluded would be brought to the notice of the proper United States officials for them to determine the steps to be taken in regard to the affair.
I am, sir, very respectfully, your obedient servant,
Hon. Allan A. Burton, United States Minister, Bogota.
[Untitled]
Sir: I have to inform you that the steamer, Antioquia, under the American flag, was seized by Mr. Manuel Vengoechea in the name of the State of Magdalena, on the 11th instant, when on her downward voyage from Nare, and brought to Calamar by armed force. Her cargo, mails, and passengers were landed there, and the steamer carried off by him. At the earliest opportunity, I intend to bring the affair before the notice of the United States minister at Bogota.
I inform you of the same for your government, and remain your obedient servant,
Señor Vengoechea to Mr. Joy
APPROPRIATION OF THE STEAMER ANTIOQUIA.
Sir: I had the honor to write to you from Calamar that in my character of agent of the government of Magdalena I had found myself under the painful necessity of expropriating the steamer Antioquia, belonging to the company Unida, and that Captain Maal having abandoned a cargo and national mail which was on board, I had deposited the former with the wife of Señor Arrazola and Señor Ballestas, and the latter was forwarded to its destination, together with the treasure that I found on board. I had not time then to manifest to you the reasons which I can produce in the name of the State of the Magdalena to justify the proceeding. I now do so in this letter, which will be published. The law of 1864 about steam navigation in the river Magdalena is one of many acts issued by our Congress, less to satisfy the necessities of the country than to favor some person in particular; on this account the law is unjust.
There is nothing sacred in the State of Colombia when political parties dispute for the possession of powder by force of arms. Life, liberty, and the property of citizens are at the mercy of the belligerents, who abuse more or less the power which is called force. I do not say that this ought to be so; I simply say that it is so. Nevertheless the national law has wished to withdraw the steamers navigating the Magdalena from the omnipotent power held by the parties contending under arms; and why? Here collects all that is unjust in the law.
A steamer is not more precious than any other property, and if the privilege has been granted because the general government has reserved to itself the navigation of the rivers which wash the territory of more than one State, then the law ought to have protected all description of vessels, because the canoe which is taken from the poor boga is of as much value to him as a steamer to a rich company. But as the law has not calculated the justice of the principal, the result is to-day that while the rebels in the Banco have appropriated a champan and cargo belonging to Mr. Trespalacios, without being responsible to the national government, the State of Magdalena, yet, would be responsible for the appropriation of the Antioquia if the vessel had been simply appropriated contrary to law; but it has not been so, the vessel being hostile to the government of Magdalena, and having been not only wanting in neutral obligations, but also to the intimations made by the legitimate authorities, ought to have been and has been legally taken possession of as a transport employed in the service of the enemy.
[Page 483]I beg of you to judge with calmness the acts which I am going to state, and which I now respectfully submit to the impartial decision of opinion, and afterwards to the national tribunals. The protection conferred by the national law on the steamers to navigate, and the rigorous prohibition of said law, necessarily implies the duty on the part of the vessels and the employés to observe the strictest neutrality in the internal contentions of the State.
It does not appear that the steam companies have occupied themselves in fulfilling this duty, and the government of Magdalena has observed with concern that since the pronunciamiento of the Banco, the steamers have been employed in the conveyance of revolutionists from various parts of the State of Bolivar to the port of Banco, and from there to many others, and that a trade has been carried on as free as it has been scandalous in the rebel port, of everything prohibited in time of war. The Antioquia, the employés of which cannot be ignorant of the melancholy history of this State, nor the unfortunate occurrences to which it is actually a victim, transported José Maria, and Manual L. Herrera, Nicholas Fuentes, and others, to a port called La Gloria, above Banco. Three or four days afterwards that village pronounced.
The employés of the Antioquia could not be ignorant that to carry on board their vessel said parties, and to disembark them at a point of the bank never frequented, was bringing the war to places of the State which had remained faithful to the government; and this act, as notorious as it is public, constitutes a case of hostility executed against a legally constituted government.
When this same vessel commenced her 55th voyage from Baranquilla last month, the governor of that province, at the request of the government of Magdalena, gave notice to Captain Maal not to take on board Lewis Capela Toledo, Sinforoso Pumarejo, and others, who, being citizens of Magdalena, were refugees in that town, and whose removal to the interior had been demanded, notwithstanding such determined prohibition. The President of Magdalena learnt with surprise that Capella Toledo, Simporoso Pumarejo, Fuentes, and the others, embarked on board the Antioquia in the port of Baranquilla, and that they disembarked in Banco in open day, and now they occupy the principal posts in the rebel army.
I seriously call your attention to the answers given by Captain Maal and Purser Jimeno, respecting these acts, in the declaration which I have the honor to enclose you a copy.
They confess that the governor of Baranquilla, Señor Ruiz, prohibited them, but they deny that any individual with the name of Lewis Capella Toledo or Sinforoso Pumarejo embarked on board the Antioquia, on the production of the list of passengers, these two names are not found, but the names of Lucio Castro Tomperalta i Salustiano Pinillos are noted, the initials of which correspond with those of these gentlemen.
The captain declares that he does not know Capella Toledo, nor Pumarejo, but confesses that he spoke to them to notify them that they could not go on board, which is an irritating contradiction that he has committed.
In his town the purser finds a difficulty in declaring under oath that he does not know Capella nor Pumarejo, and that he did see them on board during the voyage, nor did he know then or afterwards that they had gone to the Banco in the Antioquia; but the public fact, manifest and affirmed by a thousand declarations, is, that Lucio Capella Toledo and Sinforoso Pumarejo went up in the steamer Antioquia and landed at Banco at 12. 45 p. m. of the 20th of November.
This is not simple hostility; this is war, and Magdalena has a right to seize all vessels which ought to be neutral, but are occupied in making war against it. This right, I say, will be explained by the national tribunals, to which the government of Magdalena will appeal, claiming the confiscation of the vessel for the violation of international law, which I believe will be applicable in this case.
From the moment that I received the declarations of Captain Maal and Purser Jimeno, and knowing, as I know positivly, that Captain Toledo and Pumarejo went to Banco on board the Antioquia, I did not vacillate an instant in placing the vessel in the service of the government, notwithstanding the respect that a citizen of my position ought to have for every law, just or unjust, and likewise in spite of considerations concerning me personally, which may cause the belief that I have adopted this measure from a mercantile spirit.
I firmly believe that the employés of the Antioquia have compromised the neutrality of the vessel, that they have made themselves accomplices and aiders of the rebels, and that the government, in reprisal, has done right in seizing the vessel.
If I am mistaken, let the judicial power, whose duty it is to resolve, declare so.
In that case, the government of Magdalena will religiously pay what may be due for the use of the vessel, and for the damages which may have been occasioned; and to be prepared in every case.
I have received from Captain Maal the vessel and all its stores, by a rigorous inventory, and the vessel will be valued as soon as it arrives at a place where competent persons can be found.
Such are, sir, the reasons upon which I dictated the decree of the 11th instant, an authorized copy of which I gave to Captain Maal.
I remain sir,
R. A. Joy, Esq., Agent of the United States Steamship Company.
[Translation.]
APPROPRIATION OF THE STEAMER ANTIAGUA.
Bogota, January 5, 1866.
Sir: I have seen in the columns of the Tiempo, of the 3d instant, your letter addressed to me as agent of La Compania Unida, and in answer I will say a very few words.
I will leave the States and the Congress to judge respecting the convenience and justice of the law of 1864, about steam navigation of the river Magdalena, and the sacredness of the interests of a whole nation in comparison with those of a single State, and limit myself to the question of carriage of passengers., which is the pretext for the outrage which has been committed.
The constitution of the Colombian Union, treating of individual guarantees, in the second section, article 15, paragraph 8, says:
“Liberty to travel in the territory of the United States, and to leave it without the necessity of a passport or permit from any authority in the time of peace, unless the judicial authority should have decreed the detention of the individual.”
The before-mentioned navigation law of 25th of May, 1864, says that “the government’s functionaries and employés of the State are prohibited from—
“2. Subjecting to formalities of any kind the loading or unloading of the vessels, their voyages or stoppages, so that these operations may be performed with the greatest freedom, and without restriction or detention of any kind.
“3. From subjecting the passengers and crew of vessels to formalities or obligations.”
From this the deduction is clear that neither the authorities of Baranquilla, nor the employés of the Compania Unida could prevent passengers from embarking or disembarking from the steamer Antioquia, and so 1 manifested to the governor of the province of Baranquilla, the military commander Señor Nicolas Jimeno Collantes and Señor Joaquin Vengoechea, when they came to my house at midnight on the 17th of November and made me get up a few hours before the departure of the steamer Antioquia with the pretension of impeding the embarcation of Señor Capella Toledo and Señor Pumarejo.
I told them that I could not take upon myself the responsibility of hindering their embarcation; that the governor, if he thought himself authorized, could do what he thought proper.
From my house they went to that of Captain Maal, and the governor gave him a verbal order not to receive on board those individuals.
The captain asked for a guard to impede their embarcation, which was refused.
At the hour of the departure of the vessel, and when the two individuals made their appearance, they were notified of the prohibition of the governor.
Two employés of the government, Señor Angel Benavidez and David Pereira, then presented themselves, and asked the captain if he had a written order from the governor; he answered he had not; they then said that he (the captain) could not refuse to admit them on board.
I suppose the captain was foolish enough to admit them on board under assumed names, so as to conciliate all parties.
I qualify as foolish the act of the captain in having admitted on board the two individuals in question under assumed names, if it really happened, because as he had a perfect right to admit them on board under their own names, the variation of them did not occasion any fault, nor could it saddle him with any responsibility.
If the authorities of the State of Bolivar wished, and had a right to prevent the embarcation of the parties in question, they ought to have arrested them, seeing that they walked about publicly, or placed a guard to hinder their access to the steamer; but not exact of the employés of the company and the steamers that we should commit acts contrary to the navigation laws.
Let us suppose that the captain had committed a breach of neutrality; this would not have given a right to the State of Magdalena to capture a vessel in the service of the national government and attack the interests of other States. The most it could have done would have been to appeal to the national government and to the Compania Unida. This gave proof in the last general revolution that in case of culpability the parties were punished. The charge of having embarked the Messrs. Herrera, when they went down from the capital, is even more ridiculous, not only for what is said above, but also how should the employés of the vessel know the intention of said gentlemen to be hostile to the State?
As to the point called Gloria, in which they disembarked, it is not a fact that it is a point never frequented, for it is one of the wood stations for a vessels of the company, and has been so for many years; also from there are embarked parts of the cargoes which are brought from Ocana.
I remain, sir, &c.,
Mr. Manuel A. Vengoechea, Delegate of the President of the Sovereign State of Panama.
Mr. Joy to Mr. Burton
Sir: I beg to call your attention to a most flagrant outrage which has been committed by armed men in the river Magdalena against the property and industry of the Compania Unida, nearly half of the capital of which is owned by citizens of the United States of America.
The case is as follows:
On the 11th of December last the steamer Antioquia on her downward voyage to Baranquilla, with the national mails, passengers, and a cargo of merchandise on board, was captured by forces of the State of Magdalena, under the orders of Mr. Manuel Vengoechea, as proved by the accompanying documents.
No. 1, protest of the captain; No. 3, depositions of the passengers; No. 4, deposition of captain, purser, and engineers; No. 2, protest of the agent of the company; No. 5, protest of owners of cargo; No. 6, is my memorial to the national government, seeking redress and guarantees for the property of the company, and protection under which to carry on our legitimate business; No. 7 is the answer of the government, which looks upon the whole affair as most trivial, and which ought to have been settled by the company without the necessity of reclamation, complaint, or judgment, and that the company is to be responsible for all losses, excepting for the occupation of the vessel for a few days; No. 8 is a second memorial to the government, in which I endeavor to point out all the laws that have been violated, the enormity of the offence committed, the fatal consequences to future navigation, and the necessity of strong measures being adopted to secure us in the business in which we are embarked; Nos. 9 and 10 are copies of official documents received from the State of Magdalena, alluded to in my second memorial; No. 11 is the answer of that government to the second memorial.
By the foregoing you will perceive that the property of the company is entirely at the mercy of any one who may choose to detain, seize, capture, or molest in any way, for political or other reasons, public or private; that all to be done by the aggressor is, after the injury has been effected, to regret what has been done, and to make offers of reparation, which the injured party would have no means of enforcing.
The injury to the business of the company has been most serious, as I shall take the earliest opportunity of establishing; meanwhile I beg to appeal to you to protect the interests of United States citizens, who have risked large sums in endeavoring to perfect the navigation of the river Magdalena, notwithstanding the rivalry of others who have followed in the footsteps of the Compania Unida.
I have the honor to be your obedient servant,
Hon. Allan A. Burton, United States Minister.
List of shareholders in La Compania Unida.
Compania Unida de Navigacion por Vapor en el Rio Magdalena, Baranquilla, December 16, 1865.
| UNITED STATES OF AMERICA. | ||
| McLean and Lutz | $63,500 | |
| J. Reed, Jr | 29,000 | |
| P. F. W. Peck | 15,000 | |
| Allen Hay | 6,000 | |
| Jewell Harrison & Co. | 3,200 | |
| Cary, Howard & Co. | 5,500 | |
| T. Clark | 500 | |
| W. S. Bancroft | 2,500 | |
| Juan Cade Mier | 37,300 | |
| $162,500 | ||
| BRITISH. | ||
| R. N. Jay | 84,700 | |
| A. & S. Harvy & Co | 39,000 | |
| P. O. Robertson | 1,200 | |
| A. Gregory | 2,000 | |
| S. J. Gower | 1,100 | |
| 128,000 | ||
| HAMBURG. | ||
| C. W. Suminoced | 17,500 | |
| Senior Harver | 5,000 | |
| 22,500 | ||
| COLOMBIA. | ||
| Alryan | $1,000 | |
| Nicolas Junius Collarte | 4,000 | |
| $5,000 | ||
| Eranados Garcia | 40,700 | |
| Tr. P. A. Cataño, Colombia | 1,300 | |
| 42,000 | ||
| 360,000 | ||
R. A. JOY, Financial Agent.
I solemnly swear that the statements of these papers are true.
[Translation.]
In the city of Baranquilla, at 2 o’clock in the afternoon of the 13th of December, 1865, appeared before me and the after mentioned witness Christian A. Maal, of this place, of age, and captain of the steamer Antioquia, belonging to La Compania Unida de Navigacion por Vapor en el Rio Magdalena, and said: That, in consequence of having been detained in a downward trip of his vessel by the authorities of the State of Magdalena on the 10th instant, duly to record the occurrences, he made on board the following protests, in the order in which the events took place, as follows:
The 10th day of December, 1865, I, Christian A. Maal, captain of the North American steamer called Antioquia, declare that having left Nare the 7th instant, with the national mail, cargo, and passengers, bound to Baranquilla and intermediate places. I have navigated with complete success, delivering the mail, cargo, and passengers at their proper destinations, up to this date, when, at 3.35 p. m., in a place called Cotore I met a bungo of war, which fired a gun obliging me to arrest the progress of the vessel; that I had scarcely stopped the engines when said vessel came alongside, and the commander told me that, by order of the delegate of the executive power of the State of Magdalena, he had to keep guard over the steamer until he met the said delegate, who was coming with the remainder of the flotilla, and that in case of refusing to obey this order, he would make use of the force at his command, the gunner being in position with lighted match at the foot of the gun in the bow of the vessel, pointed at the steamer; that a few moments later another armed vessel arrived, presented itself, and also came alongside of the steamer; and that a citizen with the title of commander, who said his name was Ramon Valencia, made me the same intimation as the first vessel; I resolved to let the steamer drift down the river, without using the engines, so as to satisfy the arbitrary orders of these two chiefs. That continuing in this way until 4.50 p. m., I met five more armed vessels, aboard of one of which came General Manuel Campo Rodriguez, who ordered me immediately to make for the bank and to fasten the steamer; at this arbitrary order I demanded of General Campo in what character he made the exaction; the only answer he gave me was, that he was the representative of the delegate of the executive power of Magdalena. To this answer I told General Campo that by his proceedings he violated, in the first place, the law passed by the Congress of the United States of Colombia on the 19th of May, 1864; second, that he violated a foreign property by detaining it in its progress and making it come to at a part of the river where the vessel, as well as the cargo, was exposed to great danger; and lastly, that steamer is in the service of the national government, the mail being on board; and that for these motives General Campo has no legal right to detain the vessel without exposing himself to the responsibilities which may supervene. I also observed that if I continued my voyage what would be the result. He answered that he would use the forces, consisting of the seven vessels before mentioned, and that the steamer must remain until the arrival of the delegate of the executive power, who was distant about three leagues. I protest, therefore, once, twice, thrice, or as many more times as may be necessary, against said forced detention, for the delay of the national mail, the damages and losses that may happen to the vessel and cargo, making responsible General Campo and whoever orders him, freeing myself from responsibility; also the agents and owners of the steamer. In proof of the truth of what I state, the following officers and passengers sign with me: C. A. Maal, captain; J. Jimeno, purser; James McKeon, engineer; Lorenzo T. Matos, pasajero; Justiniano Lemus; Crespulo A. Caballero; Edo. Soto; Manuel Lascano.
Day the eleventh, at half past one, Mr. Manuel Vengoechea presented himself on board and informed me that he was the delegate of the executive power of Magdalena, and that the orders executed by General Campo Rodriguez on board the steamer came from him; he ordered me to give a declaration, which accompanies this; the same happened with the purser, whose declaration is also attached. After this, Mr. Vengoechea notified me that I must take the steamer up the river to carry his troops, which I excused myself from doing, manifesting that the instructions of the Compania Unida, my being a foreigner and commanding [Page 487] this steamer, foreign property, prohibited me from transporting troops or towing vessels of war, and absolutely to mix myself up with the political affairs of the country; moreover, that the steamer could not retrograde, as she was in the service of the nation. To these manifestations Mr. Vengoechea answered that he should appropriate the vessel, and immediately ordered troops on board to take possession of the vessel. He then sent for the engineer, and had a conference with him; after which the engineer came to me and told me that Mr. Vengoechea told him he had appropriated the vessel, and proposed for him to take charge of the engines in his capacity of engineer, which he flatly refused, he being a foreigner, and unable to take part in the political questions of the country; the same resulted with all the rest of the crew, they not wishing to take part in the questions of any State but their own. At three o’clock in the morning the mate informed me that the vessel was making a good deal of water, so much that the pumps could not be left for a single moment. My opinion about this is, that the vessel suffered on being brought to at this place.
At four o’clock in the morning Mr. Vengoechea notified me that I was deprived of my functions, and that I ought to make a complete abandonment of the vessel, cargo, &c., which I did. In the act, therefore, I protest once, twice, and thrice, and as many more times as necessary by law, of this act of violence against the delegate of the executive power of the State of Magdalena, and against whoever it may be necessary, for the damages, losses, excesses, and deterioration that may happen to this vessel, covering my responsibility and that of the agents and owners of the vessel; and in proof of the truth of this statement the following officers and passengers sign with me: C. A. Maal, J. Jimeno, purser; James McKeon, engineer; Justiniano Lemus, Crespulo A Caballero, Lorenzo T. Matos.
Edo. Soto, Manuel Lascano, and Mr. Maal declared that after the before-mentioned proceedings, Mr. Vengoechea dictated a decree, of which he gave him a copy, and which says thus:
Decree of the 11th of December, 1865, appropriating the use of the steamer Antioquia.
The special delegate of the president of the sovereign State of Magdalena, exercising his powers and considering, first, that the steamer Antioquia has carried to the Banco, a place occupied by rebels against the State, sundry rebels, such as José Maria, Manuel Luis Herrera, Luis C. Toledo, Francisco Meza, Sinforoso Pumajero, and others. Second, that the legitimate government of the sovereign State of Magdalena is aware that the governor of the province of Baranquilla, in the sovereign State of Bolivar, ordered the captain of the vessel called Antioquia, Mr. C. A. Maal, not to receive on board of his vessel Luis C. Toledo and Sinforoso Pumajero, and that, notwithstanding, said individuals were carried to the Banco on board said vessel. Third, that the before-mentioned acts in the preceding consideration constitute a breach of the neutrality which ought to have been observed by the captain of the steamer Antioquia with the legitimate government of the sovereign State of Magdalena, which makes him responsible to the law. Fourth, that the said government requires the services of a steamer in Magdalena.
DECREE.
Article 1. Appropriate the services of the steamer Antioquia, for account of the sovereign State of Magdalena, for all the time that she may be required.
Article 2. Receive the said vessel by rigorous inventory, have examined the state in which she is, and let the appraisers, who will be named, value her. The same appraisers will also value the provisions and other things belonging to the vessel.
Article 3. In due time, the value of the service to be rendered, or which has been rendered shall be agreed upon, and, in case of disagreement between the contracting parties, a valuing appraiser shall be appointed.
Article 4. Communicate the present decree to the citizen president of the sovereign State of Magdalena, as likewise to the captain of the vessel appropriated.
Given in Guaguieri, a place belonging to the sovereign State of Magdalena, on the 11th of December, 1865.
MANUEL VENGOECHEA.
Nicholas Mendoza, Secretary.
This is a copy granted to Captain C. A. Maal.
NICHOLAS MENDOZA, Secretary.
And Mr. Maal, in continuation, declares that after the occurrences related, and the vessel taken possession of by force, without the intervention of the employés of the vessel, she was taken to Calamar, a district corresponding to the State of Bolivar, in which port the exponent made the following protest:
In the district of Calamar, on the 11th of December, 1865, before me, secretary of the municipal council, charged with the functions of notary public, Christian A. Maal, captain of the North American steamer called the Antioquia, said that having left Nare the 7th instant with the national mail, cargo and passengers, bound to Baranquilla, and intermediate places, [Page 488] I have navigated with complete success, delivering the mail, cargo, and passengers at their proper destinations, up to this day, when, at 3.35 p. m., in a place called Cotore, I met a bungo of war, which fired a gun, obliging me to arrest the progress of the vessel; that I had scarcely stopped the engines when said vessel came alongside, and the commander told me that, by order of the delegate of the executive power of the State of Magdalena, he had to keep guard over the steamer until he met the said delegate, who was coming with the remainder of the flotilla, and that in case of refusing to obey this order he would make use of the force at his command, the gunner being in position with lighted match at the foot of the gun, in the bow of the vessel, pointed at the steamer; that a few minutes later another armed vessel presented itself and came alongside of the steamer, and that a citizen with the title of commander, who said his name was Ramon Valencia, made me the same intimation as the first vessel.
I resolved to let the steamer drift down the river without using the engines, so as to satisfy the arbitrary orders of those two chiefs. That continuing in this way until 4.50 p. m. I met five more armed vessels, aboard of one of which came General Manuel Campo Rodriguez, who ordered me immediately to make for the bank, and to fasten the steamer. At this arbitrary order I demanded of General Campo in what character he made the exaction. The only answer he gave me was that he was the representative of the delegate of the executive power of Magdalena. To this answer I told General Campo that by his proceedings he violated in the first place, the law passed by the congress of the United States of Colombia on the 19th of May, 1864; second, that he violated a foreign property, detaining in its progress and making it come to at a part of the river where the vessel as well as the cargo was exposed to great danger; and lastly, that the steamer is in the service of the national government, the mail being on board, and that for these motives General Campo has no legal right to detain the vessel without exposing himself to the responsibilities which may supervene. I also observed that, if I continued my voyage, what would be the result? He answered that he would use the force, consisting of the seven vessels before mentioned, and that the steamer must remain until the arrival of the delegate of the executive power, who was distant about three leagues. I protest, therefore, once, twice, and thrice, or as many more as may be necessary against said forced detention, for the delay of the national mails, the damages and losses that may happen to the vessel and cargo, making responsible General Campo and whoever orders him, freeing myself from responsibility, also the agents and owners of the steamer. In proof of the truth of what I state, the following officers and passengers sign with me: C. A. Maal, captain; J. Jimeno, purser; James McKeon, engineer; Lorenzo T. Matos, pasajer; Justiniano Lemus, Crespulo A. Caballero, Edo. Soto, Manuel Lascano.
Day the eleventh, at half past one, Mr. Manuel Vengoechea presented himself on board and informed me that he was the delegate of the executive power of Magdalena, and that the orders executed by General Campo Rodriguez on board this steamer came from him. He ordered me to give a declaration, which accompanies this. The same happened with the purser, whose declaration is also attached. After this, Mr. Vengoechea notified me that I must take the steamer up the river to carry his troops, which I excused myself from doing, manifesting that the instructions of the Compania Unida, my being a foreigner, commanding this steamer, foreign property, prohibited me from transporting troops, or towing vessels of war, and absolutely to mix myself up with the political affairs of the country; moreover, that the steamer could not retrograde, as she was in the service of the nation. To these manifestations Mr. Vengoechea answered that he should appropriate the vessel, and immediately ordered troops on board to take possession of the vessel. He then sent for the engineer, and had a conference with him; after which the engineer came to me and told me that Mr. Vengoechea told him he had appropriated the vessel, and proposed for him to take charge of the engines in his capacity of engineer, which he flatly refused, being a foreigner, and not able to take part in the political questions of the country. The same resulted with all the rest of the crew, they not wishing to take part in the questions of any state but their own. At 3 o’clock in the morning the mate informed me that the vessel was making a good deal of water, so much that the pumps could not be left for a single moment. I immediately went to examine the holds, but it was impossible to discover the damage, on account of the hold being completely full of cargo; and my opinion about this is that the vessel suffered in being brought to in this bad bank of the river. At 4 o’clock in the morning Mr. Vengoechea notified me that I was deprived of my functions, and that I ought to make a complete abandonment of the vessel, and remain on board under arrest The cargo, which against my will I was obliged to abandon, consisted of one thousand seven hundred and forty-nine packages of produce of the country, four packages containing six thousand four hundred hard dollars, one package with two thousand two hundred dollars of eighty cents; one package with four hundred dollars in gold and silver, a horse, and the national mail, consisting of eight packages for Calamar, seven for Baranquilla; one more box of specie weighing fifty-nine kilogrammes, five hundred grammes, one box weighing four and a half ounces, and nine packages for Santa Martha, as proved by the bills of lading and mail bills in his possession, and which will be presented when necessary; and to avoid the vexations and heavy prejudices unknown to such base persons, who only act as pirates, protest once, twice, thrice, and as many more times as the law requires, against Mr. Manuel Vengoechea, delegate of the executive power of the State of Magdelena, and against whoever besides necessary, for the damages, prejudices, delays, [Page 489] and deteriorations that may happen to the vessel, and by the same keeping open, harmless, and in force and vigor, all actions pertaining to the same, to use them before whom, when and where it may be convenient in testimony of which, and having paid the register duty, as proved by the receipt, which literally is as follows;
District Collector of Taxes.—Mr. Christian A. Maal, captain of the North Americn steamer, named Antioquia, has paid to this office two lawful dollars for the register duty of a protest which he is going to make against Mr. Manuel Vengoechea, delegate of the executive power of the State of Magdalena, and whoever else it may be convenient for the damages, prejudices, delays, and deterioration which maybe suffered by the above-mentioned steamer on account of its violent dispossession. Calamar, eleventh of December, 1865.
And the grantor, who, I, the undersigned, secretary of the municipal council, exercising the functions of notary public, declare that I know, and thus it is executed in this district in proof of which the witnesses, Rafael Ballestas and José Ramon de Zuñiga, in presence of James McKeon, engineer, and purser Joseph Collante, before me, who certifies: The captain of the steamer Antioquia, C. A. Maal, the engineer, James McKeon, Joseph Jimeno, purser, witnesses, José Ramon de Zuñiga and Rafael Ballestas, Domingo L. Alvarez and to furnish the party interested with a copy, I issue the present in five written pages, the margins of which are rubricated, and this I sign in Calamar the eleventh day of December, 1865, the original remaining in the archives under my charge.
D. L. ALVAREZ.
Mr. Maal further said that in amplification of the inserted protests, and to duly place on record, he must state that the cargo on board the vessel, and which he has spoken of before, belonged to the persons which he is going to mention.
J. C. R B., two packages, embarked in Naré by Alejandro Duque to deliver in Baranquilla to Pedro Furgusson.
[E. B. C] 136 packages shipped in Naré by Salazar and Alviar, and consigned to J, A. Mier, Baranquilla.
[U. H.] 212 Honda, J. H. Jenney to J. A. Mier, Baranquilla.
[M. H.] 12 Honda, C. H. Jenning to P. Furgusson, Baranquilla.
[T. H.] 73 Honda, Miguel Pez to Julian Ponce, Baranquilla.
N. T. 2 Caracoli, Nicolas Tok to N. Tok, Baranquilla.
A. R. 6 Caracoli, J. J. Saitan to Anto de la Rosa, Baranquilla.
C. 4 Caracoli, C. Maal to Peoro Ossio, Baranquilla.
Ribon & Munez, 1, $4,000 Caracoli, J. H. Jenney, P. W. Peterson, Baranquilla.
A. M. 2 Caracoli, Pedro Pena to Anselmo Miranda, Baranquilla.
M. D & C. J. Caracoli, M. Dietelzway, & Co., J. A. Deitelzway, Baranquilla.
(No mark.)2, $1,990 Caracoli, Vengoechea, Hs. Vengoechea, Sopria, & Co., Baranquilla.
M. D & C. 1, $2,200 Caracoli, M. Dietelzway & Co. to H. H. Simmonds, Baranquilla.
1 [SD] 55 Caracoli, B. Martinez, J. M. G. Ribon, Mompos.
2 T. 32 Caracoli, B. Martinez, Ribon & Jimenz, Mompos.
S. 12 Caracoli, B. Martinez, J. J. Seloa, Mompos.
J. M. P. 4 Caracoli, J. H. Jenney, J. McPemra, Mompos.
[M. T.] B. 79 Caracoli Rodriquez, Ugaile & Co., A. Malo, Mompos.
S. R Benedict 1 Caracoli, Samper & Co., J. Arazola Mealo, Mompos.
J. F. P. V. 5 Caracoli, Savalle Hs,, J. Arazola Mealo, Calamar.
M. 10 Pueti Nacional, M. Sarcano N. Salzede, Calamar.
L. M. C. 7 Pueti Nacional, M. Sarcano, M. Sascaro, Calamar.
M. H. 25 Pueti Nacional, V. & L. Matos, V. & L. Matos, Calamar.
M. M. T. 136 Pueti Nacional, Julian Antiana, J. Helier & Co., Calamar.
Q. C. 4 Pueti Nacional, T. T. Exharez, J. A. delr. Resa, Calamar.
F [C] [C] [C.] Pueti Nacional, T. H. Hoyer, Chapman & Martinez, Calamar.
A. A. La. 4 Pueti Nacional, A. Aruninta, Suiz Aruninta, Baranquilla.
[V.] 2 Pueti Nacional B. R. Surds, M. M. Yueto. Baranquilla.
M. 2A. 68 Pueti Nacional, B. R. Surds. J. A. Mier. Baranquilla.
J. Q. 44 Pueti Nacional, B. R. Surds. J. A. Mier Baranquilla.
D. L. 18 Pueti Nacional, B. R. Surds, Isabel Nichols de R., Mompos.
J. C. P. 143 Pueti Nacional, Julian Augusta, J. M. G. Ribon, Mompos.
F. Stacy. 1, $1,000 Mipos, De la Torre Hijo, F. Stacy, Baranquilla.
P. A. Mier. 1 $3,500, Mipos, Salome Lopez. J. A. Mier, Baranquilla.
Anto Paz, 1, $1,000 Mipos, De la Torre Hijos, Anto Paz, Baranquilla.
T. J32 Zambrano, Anto Paz, A. P. Summonds, Baranquilla.
H. H. H. 3 Zambrano, R. Mendazo, C. H. Simmonds, Baranquilla.
(IIII J) [o] 1c. 36 Pablo, Roncalto Andres, E. Mantilla, Baranquilla.
¿ ¿ ¿. 52 Pablo——Julio Hoenningsberg.
[J.C.](J. C.) 18 Pablo, C. Isaac & Co.
O.O. 1c& 110 Pablo, Sundheim & Co.
[S] 1c. 40 Pablo, A. J. Senior.
C. H. H. 144 Pablo, C.H. Simmonds.
D & J. 48 Pablo, Dumonille & Wessels.
[Page 490][H. H.] &c. C. 45 Pablo, Estevan Marquez.
1 horse. Pablo, Nichols Mejo.
S. S. [II. II.] 134 Pablo, Acpli, Grasmeyer & Co.
[B] J. &c. Pablo, Roncalto. C. H. Simmonds.
[A. G & C. ] &c. 104 Pablo, Acpli, Grasmeyer & Co.
Mr. Maal further said that, at the time of quoting the law protecting the navigation, he committed an error in giving the date of the 19th of May, instead of that of its sanction, which was the 25th of May, 1864. He now mentions it to rectify the error, that although in his protest, made on board the 11th of December, he said that he presented the declarations that were given by him and the purser of the vessel, he could not obtain them, as when he asked for them, they were not granted, and, reiterating his protest against the functionaries and public employés of the sovereign State of Magdalena against the government of the United States of Colombia, to which the State is dependent, and against whoever else it may suit, that the damages and delays suffered, and that may occur, shall not be charged to him, but to the aforesaid as the only parties responsible for the acts, so he declared. The register duty was paid, as stated by the account here copied, as follows:
Done before me, registered in the book of public documents in my charge, under the No. 294, to which I refer; and to give the party interested a copy, I have issued the present in 13 pages of paper, the margins rubricated; and here I sign, in Baranquilla, the 14th day of December, 1865.
JOSÉ MARIE LASCANO, Notary Public.
Provincial Office of Registry and Annotation of Mortgages.
Registered at folio thirty-one, (31,) in the book of registers for this year, under the number two hundred and ten. Baranquilla, December 15, 1865.
FULJENCIO GAMLEIN.
Administration of Finance.
Mr. Christian A. Maal has paid two dollars for register duty of a protest which he is going to amplify as captain of the steamer Antioquia. ($2.)
Baranquilla, December 13, 1865.
Tiberio C. Aranjo and the grantor, who I, notary public, certify is known to me, thus protested and reclaimed, and calling upon me to bear witness that he so made and affirmed, before me with the witnesses Atitano Concha and Juan B. Munez, neighbors present.
C. A. MAAL.
ATITANO CONCHA.
JUAN B. MUNEZ.
JOSÉ MARIE LASCANO, Notary Public.
Government of the Province, Baranquilla, December, 15, 1865.
I certify that the signatures of J. M. Lascano, notary public, and Fulyencio Gamlein, registrar, are by them and the same as they always use in their official acts.
Gregorio T. Aragan, Secretary.
Protest of R. A. Joy, agent of La Compania Unida, on the appropriation of the steamer Antioquia.
In the city of Baranquilla, at 4 o’clock in the afternoon of this day, the 12th of December, 1865, appeared before me and the after-mentioned witnesses, Robert A. Joy, of this neighborhood, over age, agent of La Compania Unida de Navigacion por Vapor en el Rio Magdalena, and said: that according to advice given him from Calamar, by Christian A. Maal, captain of the steamer Antioquia, belonging to the company, on the downward trip of said vessel having on board the national mail and cargo of produce of the country, at halt past one in the afternoon of the 10th instant his vessel was detained by a general of the State of Magdalena, Manuel Campo Rodriguez, with five bungos of war, who obliged him to tie up his vessel at the side of the river until the arrival of Manuel Vengoechea, delegate of the executive power of said State of Magdalena, which order he was obliged to comply with by the force made use of, notwithstanding the manifestations made by him, that he had the national mails on board, and that the navigation is protected by the constitution and laws; that at halt past one in the morning of the 11th, Manuel Vengoechea arrived, and told Captain Maal that the [Page 491] orders given by General Campo emanated from him, and after having adopted other measure he proposed to the captain that he should go up the river with the vessel to San Tenon, which he refused to do; the engineer also refused because the service was distinct from that of the company, of which he depended; that then Mr. Vengoechea appropriated the Antioquia, deprived the captain and engineer of the vessel of their functions, and obliged the pilot by force to take the vessel to Calamar, starting on the trip at six o’clock yesterday morning, the engines being under the direction of an individual called Manuel Berrios; that at half past eight in the morning of the same day they arrived at Calamar, and that the captain, after having made a protest on board, which was signed by the passengers who were there, he and the engineer landed, making an abandonment of the vessel, cargo, and mail, because as the vessel was invaded by armed force and the captain deprived of his functions by a force that he could not obey, he could not answer for the property that he was not allowed to guard; the cargo and treasure were landed at Calamar by the delegate of the executive power of Magdalena, Manuel Vengoechea, without the intervention of the captain or other employés of the vessel whose duty it was to exercise such function; that the outrage committed by the high functionaries of the State of Magdalena constitutes an express violation of the national constitution and the law of the 25th of May, 1864, which guaranteed the navigation of the rivers, prohibiting the functionaries or employés of the State from transgressing said dispositions, and under which guarantee the steamer Antioquia navigated, in which also was the national mail; that from the above stated great prejudices have arisen and may arise, and to cover the Compania Unida, of which he is agent, and without prejudice to the captain of the vessel, Christian A. Maal, with a better knowledge of the facts, amplifying the protests that he may have made, and making those that he may have occasioned in his character of agent of La Compania Unida de Navigation por Vapor en el rio Magdalena, and as such contractor for the carriage of the national mails, protests once, twice, thrice, and as many more as the law permits, against the functionaries and public employés of the sovereign State of Magdalena, who, infringing the dispositions before cited, and knowing that the vessel is the property of North Americans, that the cargo is the property of foreigners and citizens of other States, and that besides the national mail was on board, appropriated said vessel, discharged the cargo that was on board, and put the management of its engines into the hands of individuals not experts in the matter, against the government of the United States of Colombia, to which is dependent the sovereign State of Magdalena, and against whoever else it may suit; that the damages, losses, prejudices and deteriorations suffered already, and which may originate, may not be at the charge of the Compania Unida, but against whoever it may concern, and that with this understanding the executor of this and all others prejudiced may exercise the rights and actions belonging to them where, how, when, and before whom it suits them, and in right can and ought, with this intent and end the before mentioned makes this present. He paid the register duty, as appears by the account, which copied says thus:
Administration of Finance.
Robert A. Joy has paid two dollars for register duty of a protest that he is going to make.
BARANQUILLA, December 12, 1885.
Tiberio C. Aranjo and the protester, who I, the public notary, certify that I know, did thus protest and reclaim, and called upon me to bear testimony to notify the national postmaster of this protest. Thus he did and signed before me and the witnesses Atitano Concha and Juan B. Munez, neighbors present.
R A. JOY.
ATITANO CONCHA.
JUAN B. MUNEZ.
JOSÉ MA. LASCANO, Notary Public.
Done before me; this and the original is in the book of public instruments in my charge, to which I refer under the number 248 and to deliver to the concerned. I give the present in three folios of corresponding paper, the margin of the first rubricated; and here I sign in Baranquilla the same day, month, and year of the execution.
JOSÉ MARIA LASCANO, Notary Public.
Registered at folio 31 of the book of registers of this year, under number 207.
[Translation.]
SWORN DEPOSITIONS OF THE PASSENGERS WHO WERE ON BOARD THE STEAMER ANTIOQUIA AT THE TIME OF HER APPROPRIATION.
To the Judge of the Province:
R. A. Joy, of this neighborhood, before you in legal form states: That you will be pleased to summon Messrs. Lorenzo J. Matos, Edward Soto, Crespulo A. Caballero, Manuel Lascano, and Justiniano Lemus, passengers on board the steamer Antioquia, en route for this place, that they may, under oath and its penalties, declare to the following:
First. If they know me personally; their ages, and other qualities of law.
Second. Let them all declare all they know, and are aware of, about the appropriation of the undermentioned steamer Antioquia; in what manner it took place; if it was or not by means of force; what expressions did Mr. Vengoechea make use of at the time of consummating the act, and everything else relating to that event. When done, I hope you will deliver me the depositions in original, to make the use of them that may suit me.
Baranquilla, December 13, 1865.
R. A. JOY.
Presented the same date and place for despatch.
LASCANO.
Tribunal of the Province, Baranquilla, December 13, 1865.
Asked, and in consequence summons the witnesses named for to-morrow’s session. Notify—Luna.
LASCANO.
The same day I notified R. A. Joy in his house, who signs Joy.
LASCANO.
The same day I issued the summons for the witnesses.
LASCANO.
The 14th day of the same month appeared Lorenzo J. Matos and the judge before me received the oath, which was given in legal form, under which, after having read the articles of the penal law, he offered to say the truth in what he knew, and what might be asked of him, and being according to the proceedings interrogated:
To the first question he answered, that he knew Robert A. Joy, over age, and was not comprised in the generalities of the law.
To the second he answered, that being a passenger on board the steamer Antioquia from the Puerto Nacional, on the passage of the steamer by a bank of the river, which he heard called Cotore, a war bongo, which came out from near these banks, advanced on the steamer, and fired a gun. The captain immediately ordered the engines to be stopped; that after a minute the bongo came alongside, and the commander communicated with the captain. He indicated that he should detain the steamer, and continue slowly until he should meet General Campo Rodriguez, who was coming in another war bongo; that effectively the vessel went slowly until she arrived at a part called Guaquiri; that at that point the vessel was detained and made fast by Manuel Campo Rodriguez, who arrived with an armed force, and, if I do not mistake, with four or five war bangos; that after the vessel was made fast, the captain thought he would continue his voyage, arguing that he carried the national mail; but Campo stopped him, saying, that if he moved the steamer he would make use of his force; that he must await the arrival of the delegate of the executive power of the State of Magdalena, Manuel Vengoechea; that they were in that place until three o’clock in the morning, when Vengoechea arrived, and after having taken a declaration, both from the captain and purser, and having exacted from the captain the presentation of the list of passengers that were on board, and the correspondence extra postal, he told the captain that he would have to go with him to Plato to carry his forces to that point; that the captain resisted; that after much persuasion on the part of Vengoechea, seeing that the captain would not accede, he said in a grave tone that he was going to dictate a decree appropriating the vessel; that the captain told him to do as he pleased, making use of force; that Vengoechea urged the captain and purser to remain in the vessel; that both of them resisted; that the same proposition he made to the engineer and pilot, and that they also resisted; that this happened about half-past four in the morning; that Vengoechea said he would wait for daylight to proceed to Calamar, and there deposit the cargo which was on board the steamer Antioquia; that in fact such was the case; then at six o’clock the steamer left that place; that after a few hours of navigation down stream, they arrived at Calamar, where the passengers were disembarked; that afterwards he heard say that the cargo would be deposited in several houses of that place; that, actually, [Page 493] when the deponent left in a canoe, which he had to do to reach this city, they had already deposited a good deal of the cargo in the house of José Arazola Malo; that this is all that he remembers about the occurence, which he affirms and ratifies, after having read it. He declared his name to be as stated, and signed after the judge, before me, the secretary.
EULALIO LUNA.
LORENZO J. MATOS.
MANUEL MARIÉ LASCANO, Secretary.
Then, following, appeared Crispulo A. Caballero, the judge, before me; administered the oath according to law, &c., &c.
To the first question he answered, that he did not know Robert A. Joy, twenty-six years of age.
To the second he answered, that coming passenger in the steamer Antioquia, he witnessed the appropriation made of that vessel by Manuel Vengoechea, which happened as follows: That in the part of the river called Cotore, first, a bongo of war presented itself, intimating to the captain that he was not to pass without stopping where General Campo was situated, he being at a short distance; in effect, so he had to do by intimation of this second force; that when the vessel had approached the side of the river, he ordered her to be made fast and detained, by order of the delegate of the executive power, who arrived afterwards, and told the captain to be so kind as to lend him the vessel to go higher up; that the captain refused, giving his reasons, and that then he proceeded to appropriate the vessel; that they took the vessel to Calamar; and that then deponent witnessed the commencement of the discharge of the same; and that while occupied in the unloading, he came away in a canoe to this port.
That this is the truth, which he affirms and ratifies after having read it; declared his name to be as written, and signs after the judge, in my presence.
EULALIO LUNA.
CRISPULO A. CABALLERO.
MANUEL MARIA LASCANO, Secretary.
Then followed Dr. Edward Soto. The judge received his oath in due form, &c., &c.
To the first question he answered that he did not know Robert A. Joy, over age.
To the second he answered, that being a passenger on board the steamer Antioquia; that about three o’clock in the afternoon of the 10th of December, in a place which is said to be called Cotore, the deponent heard the report of a gun, which called his attention; that shortly afterwards a war bongo presented itself, with several soldiers and a colonel, who intimated to the captain to continue with the steamer until he met Mr. Vengoechea, delegate of the executive power of the State of Magdalena; that about five o’clock, at a place called Guaquiri, they met other war bongos, with a chief said to be called Campo Rodriguez; that this person made the vessel approach, and detained her till the arrival of the delegate, who appeared about twelve o’clock at night; that the delegate and others had a conference with the captain; said conference resulted in the appropriation of the vessel; that from that hour Campo Rodriguez remained in command of the vessel, he telling the deponent that he understood seamanship; that in the morning of the following day he left there for Calamar; that a few hours afterwards they arrived; that in the act the deponent took a canoe and came into this port.
That this statement is true, which he affirms and ratifies, declares his name to be as stated, resident of Caracas, passing by this city, and signs after the judge in my presence.
EULALIO LUNA.
EDWARD SOTO.
MANUEL MARIÉ LASCANO, Secretary.
On the 15th of the same appeared Manuel Lascano. The judge received his oath in due form, &c., &c.
To the first question he answered that he knew Robert A. Joy: he was over age, and not comprised in the generalities of law. To the second he answered that coming passenger from the Puerto Nacional, on board of the steamer Antioquia, passing by a place called Cotore, from there a bongo of war came out and advanced on the steamer and discharged a gun; that the captain, C. A. Maal, immediately had the engines stopped: the bongo having advanced and placed itself within speaking distance, the commander of the bongo told Captain Maal to detain the vessel or to take him in tow until he met General Manuel Campo Rodriguez; the captain answered he would not respond if the war bongo was swamped; that then the commander of the bongo warned him to go slowly until he met said General; that the vessel continued slowly until it arrived at a place callad Guaquiri; that at that place it was detained and made fast by General Campo Rodriguez, who arrived with a party of soldiers and bongos; that notwithstanding the manifestations of the captain that the vessel was very much loaded and might run into danger, coming to in that unknown part, he was ordered [Page 494] to do so, and had to come to; that, after the vessel was made fast, the captain thought of continuing his voyage, arguing that the vessel belonged to an American company, that the national mail was on board, and that actually she was in a national highway; but his departure was impeded, telling him that he must await the arrival of the delegate of the executive power of the State of Magdalena, Mr. Manuel Vengoechea, and that he, as chief of the force, was going to comply with a superior order by detaining the vessel; that in that place they were detained until about three o’clock in the morning of the 11th instant, when Vengoechea arrived, and after having taken declarations from the captain and purser, and having exacted from the captain the presentation of the list of passengers and the correspondence he had extra-postal, that then he told the captain he would have to go with him to Plato to carry his forces to that point; that the captain resisted; that after many offers and importunities, seeing that Captain Maal would not accede to anything, the delegate said in a grave tone that he was going to dictate a decree appropriating the vessel; that the captain told him he could do as he pleased by using force; that Vengoechea urged the captain to remain in the vessel, as likewise the other officers and pilots of the vessel, and all of them resisted; this happened about half past four in the morning; that Vengochea said he waited for the morning to proceed to Calamar and deposit the cargo that the Antioquia had on board; that so it happened, that at six o’clock she left, and in a few hours’ navigation she arrived at Calamar, where they landed the passengers, captain, purser, and engineers; that afterwards he heard say that the cargo would be deposited in various houses of that place; that when the deponent left in a canoe, which he had to do to come to this city, they had already deposited part of the cargo in the house of José Arazola Malo; that the greater part of what he had stated in this declaration is contained in a protest which Captain Maal made on board of the steamer, which is signed by all the passengers; that this is what he remembers about the affair and which he affirms and ratifies after having read it; declared his name to be as stated; signs after the judge, before me.
EULALIO LUNA.
MANUEL LASCANO, Secretary.
Baranquilla, December 15, 1865.
To the Judge:
Having been informed by persons of veracity that the witness Justiniano Lemus is away from this place, having left for Santa Marta immediately he arrived here, I inform you of it for the corresponding measure.
M. M. LASCANO.
Provincial Courts, Baranquilla, December 15, 1865.
Report noted; deliver this attestation to the party.
LUNA.
LASCANO, Secretary.
The same day notified R. A. Joy.
LASCANO.
Then delivered these depositions to the party interested.
Provincial Government, Baranquilla, December 15, 1865.
I do hereby certify that the signatures above written, Eulalio Luna, provincial judge, and Manuel Marié Lascano, secretary, are their writing, and the same as they are accustomed to use in all their official acts.
JUAN DE LA C. RUIZ.
Gregorio J. Aragon, Secretary.
Consulate of the United States of America for Sabanilla.
I, the undersigned, consul of the United States of America for Sabanilla, do hereby certify that the foregoing signatures are those of Juan de la C. Ruiz, governor of the province, and Gregorio J. Aragon, government secretary; that they are the same as they are accustomed to use in all their official transactions, and as such are worthy of full faith and credit.
Given under my hand and the seal of this consulate at the city of Baranquilla, this — day of December, 1865.
Depositions of Captain Maal, Purser J. Jimeno, and Engineer James McKeon.
To the Provincial Judge:
R. A. Joy, of this city, before you with respect says: that you will be pleased to summon before you C. A. Maal, captain, José Jimeno Collante, purser, and James McKeon, engineer of the steamer Antioquia, that they may, under oath and the penalties attached thereto, declare to the following:
First. For their personal knowledge of me, their ages, and the other generalities of the law.
Second. The first witness to declare the State in which the hull and all other things belonging to it were in when it was appropriated by Mr. Manuel Vengoechea, in what place the act was consummated, in which State, and what expressions Manuel Vengoechea made use of.
Third. The third witness to declare in what condition were the engines, boilers, and everything pertaining to them when the above mentioned steamer was appropriated by Manuel Vengoechea, special delegate of the citizen President of the State of Magdalena; let him declare, as well as José Jimeno, the expressions made use of by Mr. Vengoechea, and everything else they know about the affair. When done, I hope the originals will be returned to me to make such use of as may suit my purposes.
R. A. JOY.
Baranquilla, December 13, 1865.
Presented same date and placed for despatch.
LASCANO.
Provincial Court, Baranquilla, December 13, 1865.
According to petition, therefore, summon the witness named.
Notify—Luna.
LASCANO.
The same day notified R. A. Joy in his house.
LASCANO.
The same day the summonses were issued.
LASCANO.
The 14th of the same month appeared José Jimeno.
The judge in my presence administered the oath in due form, &c.
To the first question he answered, that he knows R. A. Joy; he is twenty-one years of age, and that he is not comprised in the generalities of the law.
To the fourth question, as the others do not apply to him, he answered, that on the night of the 10th instant the steamer Antioquia was detained in a place called Guaquiri by the forces of the government of Magdalena; that the Antioquia was returning from Nare to this city, as a mail steamer; that at half past one of the following morning Manuel Vengoechea with a train of officers came on board, declaring himself to be the special delegate of the executive power of the State of Magdalena, and that in such character he commenced by exacting from the deponent, as purser of the steamer, the private correspondence that he had; that after this he took sworn declarations from the captain of the vessel, C. A. Maal, and the deponent, in the investigation of the truth of the conveyance on board of the vessel on her upward trip of Luis Capella Toledo, Sinforos Pumarejo, Nicolas Fuentes, and other officers; notwithstanding the impediments made by the governor of the province, that after this the said Vengoechea demanded the correspondence which had been taken at Banco, as part of the national mail, which deponent refused: that then followed a private conference between Vengoechea and the captain, and after that he said publicly that he required him to convey his troops to Plato, which the captain refused to do: that then Vengoechea proceeded to the appropriation of the vessel, which he did appropriate by the introduction of troops on board, informing th captain that he and all the employés were displaced from their employs, and ordered the arrest of the captain and the deponent on board of the vessel; that after this Vengoechea ordered the vessel to be taken to Calamar, obliging by force the engineer’s assistant and the pilot to take her there; that on leaving Guaquiri the deponent observed that the departure of the vessel was with great difficulty appearing to be impeded by some invisible object; that, after the arrival at Calamar, Vengoechea obliged the captain and engineer to leave the vessel and proceeded to land the cargo, previously having required the deponent to deliver it, which he refused to do; that Vengoechea allowed deponent to go ashore, under oath not to leave the place; that he required him to deliver the mail, which he also refused; that in Guaquiri, at the time of taking the declarations, the mate presented himself to report to the captain that the vessel was making more water than ordinarily; that the deponent was not informed till mid-day that he was at liberty; that after two hours, he presented, by order of the captain, the inventory of the vessel to Vengoechea, which, after satisfying himself that it was correct, he signed and returned; that then the vessel left that [Page 496] port for down stream; that this statement is true, which he affirms and ratifies, after having read it, said he is called, as put down, twenty-one years of age, a resident of this place, and signs before me, after the judge.
EULALIO LUNA.
J. JIMENO.
MANUEL M. LASCANO, Secretary.
Then appeared C. A. Maal.
The judge administered the oath in my presence in due form, &c.
To the first question he answered that he knows R. A. Joy; that he is of age, and not comprised in the generalities of the law. To the second, he answered that the steamer was in good order for navigation; that all the furniture and fittings of the steamer were in good order at the time she was appropriated; that the appropriation was made on the coast of Guaquiri when she was forced to tie up by the flotilla of war; that they made him do it from the middle of the stream; that this was done by Mr. Vengoechea, as special delegate of the executive power of the State of Magdalena. To the fourth question he answered (the third not applying to him,) that at half past three in the afternoon of the 10th instant, while running down stream, in front of. a place called Cotore, having on board the national mail, cargoes, passengers, and specie to deliver to the several owners, he was detained by a bongo armed in war, which, coming to the side of the vessel, gave the order for her to go slowly in its company until meeting the delegate of the President of the State of Magdalena, and, if the order were not complied with, the vessel would be fired upon on the responsibility of the captain, the commander of the bongo of war having a canon in the bow of his vessel directed at the steamer, with a gunner ready with a match lighted; continuing in this way, another vessel of war came alongside, a person calling himself Colonel Valencia came on board and repeated the same orders as those given by the first commander, and, for greater security, he left on board an officer. He re-embarked in his own vessel, following which they met four more armed vessels, which also came alongside; that Manuel Campo Rodriguez came on board, accompanied by sundry officers. He said he was a general, representing the delegate of the executive power of the State of Magdalena, and ordered him to make fast the vessel at the coast of Guaquiri; that deponent refused to do so, manifesting to Mr. Campo that by this proceeding he violated the law of the 24th of May, 1856, extended by that enacted on the 25th May, 1864, about navigation by steam in the river Magdalena; that he placed a copy of the law before him that he might see it, to which he only answered, that he not only was aware of the law, but had helped to make it; that he, Campo, also ought to take into consideration that he detained a vessel which was in the service of the national government, conveying the mails; that he was making her come to in a very exposed place, full of logs and trunks of fallen trees, which were not visible, exposing in this way a vessel which navigated under a foreign flag, a cargo, the greater part of which belonged to foreigners; specie he had on board, and the national mail, and that he was not disposed to obey this violent and arbitrary order; that then, Campo told him, notwithstanding all his manifestations, that if he did not make fast the vessel where he told him, he would use the force at his command, and that the vessel must remain there until further orders. That so she remained until half past one on the morning of the 11th, when another armed vessel arrived, and made fast to the side of the steamer; that Manuel Vengoechea, José Maria Mendoza Llanos, Nicolas Mendoza, Andreas Bermudez, and several other officers, who are unknown to the deponent, came on board; that Vengoechea said he was special agent of the President of the State of Magdalena, and the orders given by Campo and the two other chiefs were by his command; that the deponent placed before Vengoechea the navigation law before cited, to which he answered that he was perfectly aware of it; that he demanded the private correspondence on board the vessel, part of which he opened; that he asked if I was disposed to give a declaration that he was going to demand in his character of special delegate, which declaration consisted of—if the steamer in previous voyages conveyed José Maria and Manuel Luis Herrara, and he answered it was true that he received them on board at Nare and landed them in the port called La Gloria; that if he had taken on board in this port Luis Capella Toledo and Sinforoso Pumerajo and others whose names the deponent does not remember, and deponent answered that he neither knew the two nor the others, and that according to verbal orders from the governor for them not to be admitted on board when they presented themselves they were refused, and did not go that voyage, as they can declare in proper time. This being finished, Vengoechea took declarations from the purser on the same subject; that while this was going on the mate came to report that the vessel was making more water than ordinary; that he tried to find out the cause; that his opinion is, on this point, that in trying to bring the vessel to in this place she got upon some log or trunk of a tree which was the cause of her making water, and that to find out the reason was impossible; that Vengoechea begged of him to have a private conference, which was to manifest to him that he required the vessel to carry his troops to Plato, and that if he wished to do this service they could enter into an arrangement for the service which was to he performed; and if not, that he would appropriate the vessel and oblige him by force to do it; that the deponent informed Vengoechea that on no account could he accept his proposition, because he had no authority to do it, as it was [Page 497] entirely contrary to the instructions of the Compania Unida issued by R. A. Joy, the general agent: that in his character of foreigner, he was strictly prohibited from mixing himself in the political questions of the country, and that the vessel under his command was also foreign; that then Vengoechea ordered troops on hoard, to which he offered resistance; during this time he had the American flag hoisted; that for this reason Vengoechea deposed him from his command, and told him that he must remain under arrest on board the vessel; that deponent heard a constant use of the pumps; that he heard orders given at five o’clock to light the furnaces; that from half past six to seven o’clock, when they cast off the vessel to continue the voyage, the vessel was held by some object under the bottom; that the pilot was forced to exercise his functions, a sentry being placed at each door of the pilot-house; that after having got off with some difficulty from that port, they ran down stream until they arrived in front of Calamar, where they came to, and made the vessel fast, placing sentries to prevent the landing of the crew; that deponent went up to Vengoechea, to tell him that among the crew there were Dutch, English, and citizens of the State of Bolivar and other States; that Vengoechea answered, “it little signified; he was resolved to everything; he appropriated the vessel, and would appropriate the people also; that Vengoechea ordered him to deliver the national mail, which deponent refused to do; Vengoechea said that he himself would take and deliver it, and if the postmaster refused to receive it he would order it to be thrown in the public square; that afterwards he delivered to him a decree of appropriation; that he demanded of the deponent an inventory of the vessel, which was made out by the employé of each department who had to furnish it, which document was signed in duplicate, Vengoechea remaining with one copy and the deponent the other; that in the presence of everybody the deponent landed; that when on shore, in the house of Mr. Arazola, Vengoechea told him that he ought to order the delivery of the cargo; that the deponent told him he had nothing to do with the vessel or cargo; to which Vengoechea answered that if he had known that, he would not have allowed him to go ashore; that afterwards he saw them commence to discharge the vessel, which continued to six o’clock; that next day, very early, they recommenced the unloading, all the time with troops on board, and a war bongo made fast to the stern; that, when deponent was deposed from his command, he hauled down the American flag, and that about twelve o’clock the vessel started down river without the deponent knowing where bound; that of all he has stated here he made a formal protest signed by himself, the engineer, purser, and five passengers, in which he expressed that an act of violence and arbitrariness had been committed, the same as done by lawless people and pirates; that what he has stated is the truth, which he affirms and ratifies after having read it; said he was called as already stated, resident of this place, and a sailor by profession. He signs after the judge in my presence.
EULALIO LUNA.
C. A. MAAL. MANUEL M. LASCANO, Secretary.
Provincial Court, Baranquilla, December 14, 1865.
Report received. Let the witness, James McKeon, as he does not know the Spanish language. be examined through an interpreter; appoint Eugenio L. Martinez for the purpose, and notify him of it that he may accept, and take the oath.
LUNA.
LASCANO.
The same day I notified R. A. Joy.
JOY.
LASCANO.
Then I notified Eugenio L. Martinez, who accepted.
MARTINEZ.
LASCANO.
Then appeared Eugenio L. Martinez, and the judge received the oath that he gave in due form, after hearing read the corresponding articles of the penal law, and offered to discharge well and faithfully the office of interpreter, for which he had been named, in proof of which he signs after the judge in my presence.
EULALIO LUNA.
E. L. MARTINEZ.
MANUEL M. LASCANO, Secretary.
Then appeared James McKeon, and the judge, through the interpreter, administered the oath in due form, &c., &c. To the first question, he answered through the interpreter that he knows R. A. Joy; is 39 years of age, and is not compromised in the generalities of the law. To the 3d question, the previous one not applying to him, he answered that the machinery, boilers, and everything belonging to them were in good working order at the time the steamer Antioquia was appropriated by Manuel Vengoechea, special delegate of the citizen President of the State of Magdalena.
To the fourth he answered, that, more or less, at 4 o’clock in the morning of the 11th instant, [Page 498] the deponent being in bed, in his room, Manuel Vengoechea sent to call him to propose to him if he liked to continue on board as engineer, being paid any salary he liked to ask, to which deponent answered that he was not disposed to accept any such proposition, because he was a foreigner, and did not wish to mix himself up in the political affairs of the country.
That about five o’clock in the morning of the same day said Vengoechea sent a verbal order for deponent to deliver the machinery and boilers to an individual who was on board, who if he remembers right was called Manuel Berrios, and who was a fireman in the steamer Estrella in this port.
To which deponent answered that he could take charge of them, as he did not keep them in his mouth or his pockets. That is all he knows about the affair; that what he has stated is the truth, which he affirms and ratifies after having read it; said he was called as stated; resident of this place, engineer by profession, and signs together with his interpreter, after the judge, and in my presence.
EULALIO LUNA.
JAMES McKEON.
E. L. MARTINEZ.
MANUEL M. LASCANO, Secretary,
The same day I delivered them to the party interested.
[Untitled]
I hereby certify that the signatures which appear in this document, which say Eulalio Luna, Manuel M. Lascano, are, the former of the provincial judge, and latter of his secretary, and the same as they are accustomed to use in all their official acts.
Gregorio J. Aragon, Secretary,
[Untitled]
Consulate of the United States of America for Sabanilla.
I, the undersigned, consul of the United States of America for Sabanilla, do hereby certify that the foregoing signatures are those of Juan de la C. Ruiz, governor of the province, and Gregorio J. Aragon, government secretary; that they are the same as they are accustomed to use in all their official acts, and as such are worthy of full faith and credit.
Given under my hand and the seal of this consulate at the city of Barranquilla, this — day of December, A. D. 1865.
W. A. CHAPMAN, United States Consul.
[Translation.]
Protest of owners and consignees of the cargo landed in Calamar from the appropriated steamer Antioquia.
In the city of Baranquilla, the 15th day of December, 1865, appeared before me and the undermentioned witnesses, Messrs. Andres E Mansilla, a Danish subject; A. P. Simmonds, for himself, and representing Messrs. C. H. Simmonds & Co., citizens of Hamburg; Sundheim & Co., of Bremen; Julio A. Deithezweig, of Hanover; Augustus Struz, representing Messrs. E. Isaacs & Co., British subjects; A. & J. Senior, of Holland; J. Helm & Co., of Denmark; Acpli, Grasmeyer & Co., of Switzerland and Hamburg; Chapman & Martinez, the former of the United States of America; Julian Ponce, for himself and as factor for Pedro Furgusso, a British subject; Manuel M. Marquez, attorney for his father, Estevan Marquez; Manuel Ujueta, José Angel dela Rosa; and Joaquin Antonio de la Rosa and Joaquin Antonio de Mier, all these last of this State of Bolivar, and all residents and merchants of this city, of age, and said, that having received notice that oh board the steamer Antioquia there were cargoes of produce of the country for them, and that they had been landed without knowing how or where, they applied to R. A. Joy, the general agent of La Compania Unida de Navigacion por Vapor en el rio Magdalena, and said agent, by a circular, informed them that Manual A. Vengoechea, in the name of the State of Magdalena, seized by force the steamer Antioquia, on her downward trip, with the cargo, mails, and passengers, on the 10th instant, as stated in the protest made by him before the notary public of the province. On this account they applied to the notary to see said protest, as also that made afterwards by Christian A. Maal, captain of the Antioquia. They find that on the down trip of the steamer Antioquia with the national mail a cargo of produce of the country, and passengers, in a place called Cotore, a vessel of war belonging to the State of Magdalena fired a gun and obliged her to interrupt her voyage; that the commander of that vessel intimated to the captain that he had an order to guard the steamer till they met the delegate of the President of the State, who was coming with the rest of the flotilla; that afterwards Commander Ramon Valencia arrived in another war vessel; that he made him the same intimation, and shortly afterwards General Manuel Campo Rodriguez arrived with [Page 499] five more vessels, and guarded in this way, they insisted upon the vessel being made fast until the arrival of Manuel Vengoechea, delegate of the executive power of the State of the Magdalena, who approved of all that had been done by Campo Rodriguez; and because the captain refused to return with the vessels, conveying troops and towing war vessels, he displaced the captain, gave a decree appropriating the steamer and took the vessel to Calamar, landed the cargo without the interference of the captain or the officer whose duty it was to exercise that function, and without either of them being able to give an account of the formalities observed, as the captain, in view of the violence exercised, made a complete abandonment of the vessel, cargo, and even of the mail; that the protestors, counting upon the guarantees of the national constitution, and especially of the law of the 25th May, 1864, which so expressly protects the navigation of the rivers, could not expect such an abrupt proceeding as has taken place, scandalously infringing the laws mentioned; from private sources they have learned that the cargoes which belong to them are in Calamar, without knowing for certain whether they are complete, nor in the good condition in which they were at the time of shipment, because the captain says in his protest that after the detention of the vessel she began to make a good deal of water, and the captain opined that she might have received some damage in the place where she was made fast, whch is a dangerous one, without being able to remedy the evil in consequence of the situation in which he found himself, which did not permit him to disoccupy the holds that were full of cargo; that there are now in the port of Sabinalla sufficient vessels to carry the cargoes to their destination and that they might obtain moderate rates of freight, which will not happen after; that up to the present time they have experienced great prejudice in their interests, and know not what may originate hereafter; on which account, to cover themselves, and in the names of those they represent, they protest once, twice, thrice, and as many more times as may be necessary, against the Compania Unida, to whom belongs the steamer Antioquia which had the cargo on board; against the high functionaries of the State of Magdalena, who appropriated the vessel and took out the cargo which was on board; against the government of the United States of Colombia, to which the State of Magdalena is dependent, and which has guaranteed the free navigation of the river, and against whosoever more it may be convenient, so that the damages, losses, prejudices, and deterioriations which have taken place up to the present time, and may occur hereafter, be not borne by them, nor by the several owners and parties interested, but by the before-mentioned and any others that may be responsible; and that in this understanding the protestors and others who find themselves prejudiced may make use of their rights and actions which may belong to them, for to that intent and end they have made the present.
The register duty has been paid, as shown by the account, which copied says thus.:
[Untitled]
Messrs Manuel A. Marquez, Andres E. Mansilla, A. P. Simmonds, Manuel Ujueta, Sandheim & Co, J. A. Deitlzreig, José A. de la Rosa, Chapman and Martinez, Augusta Strong, A. & J. Seinor, Julian Ponce, A. Relen & Co., Antonio de la Rosa, Acpli Grasmayer & Co., and Joaquin Ant, Meir, have paid two dollars for the register duty of a protest which they are going to make. S2.
Tiburo C. Aranjo and the protestors, who are known to me, the public notary, do thus protest and reclaim, and asking me to grant as many copies as they may require, thus do make and sign before me and the two witnesses, Atitano Concha and J. B. Munez, neighbors present: Acpli Grasmayer & Co., J. Helm & Co., Julio Dietlezweig, P. Fergusson, in liquidation Julian Ponce, for himself Julian Ponce, Manuel Malignetin, Augustus Stuiz, A. P. Simmonds, Joaquin Antonio Mier, Antonio de la Rosa, Chapman and Martinez, A. & J. Senior, Sundheim & Co., José Angel de la Rosa, Andres E. Mansilla, Manuel M. Marquez, Atitano Concha, Juan B. Munez, José M. Laseano. notary public.
Done before me, which is in the book of public instruments kept by me, and to which I refer under the number 251, and to deliver to the parties interested, I have extracted this third copy in your pages of corresponding paper, the margin of the first rubricated; and here I sign in Baranquilla this December 16, 1865.
[seal]
[Translation.]
FIRST MEMORIAL TO THE GOVERNMENT OF THE UNITED STATES OF COLOMBIA.
Robert A. Joy, agent of La Compania Unida de Navigacion por Vapor el rio Magdalena, represents to you a scandalous act, violating the free navigation of the river Magdalena, guaranteed [Page 500] by the third paragraph of the 8th article of the national constitution, and by the law of the 25th of May, 1864, the right of property guaranteed by the fifth paragraph, article 15, of the same constitution; the security of the persons guaranteed by the fourth paragraph of article 15 of the same constitution; existing public treaties between the governments of Great Britain and the United States of America; the rights of people, and the tenth article of the mail contract made with the national executive on the 30th of April, 1864, obliging me to abandon my domicile in Baranquilla and transfer myself to this capital to reclaim from you the cessation of the outrage and the corresponding indemnification for the damages and prejudices which the company has suffered and may suffer, about which I opportunely made the necessary protests.
The act is as follows The 10th of December last the steamer Antioquia, on her return trip with the national mails, passengers, and cargo for sundry individuals, was detained and captured by war vessels of the sovereign State of Magdalena.
The following day, when Mr. Manuel Vengoechea, delegate of the executive power of the said State, arrived, he said that what had been done with the steamer Antioquia had been in compliance with his orders. He had the pretention that Captain C. A. Maal should abandon the national mail and cargo, and return to convey his troops to Plate, which the captain refused to do, as he was in duty bound. Mr. Vengoechea then decreed the appropriation of the steamer Antioquia, put under arrest the captain on board his own vessel, dispossessed him of command, took the vessel to Calamar, then made the passengers land, and put on shore the national mail and cargo. He forced the pilot and crew of the vessel to continue serving and destined the vessel for the conveyance of troops of the State. That the acts referred to are violations of the constitution and national laws, of the treaties with the before-mentioned nations, the rights of the people, and the contract referred to, do not require any demonstration; it would be offensive to touch upon it; it is enough to read the laws quoted, be acquainted with the international rights and the said contract, to be convinced of it.
Of the outrage committed by the delegate I passed a communication to the executive power of the sovereign State of Magdalena; but I could not, and ought not to have understood myself with it respecting reclamations and indemnifications which have to be established and exacted for what has happened, because the matter belongs entirely to the national government, as it concerns the navigation of a river which washes the territory of more than one State, as also for its international character, on account of the violation of the treaties and rights of people, according to the paragraphs 1st and 6th of the 17th article of the constitution and the before montioned navigation law.
On that account I apply to you, citizen President, as soon as it has been possible for me to do so, proving sufficiently with the accompanying documents the acts alluded to, and praying that you will immediately decree the return of the vessel, which will be received in Baranquilla, the domicile of the company, if she should be in a state for service, and the indemnification by the national treasury of the damages and prejudices suffered, and which the company represented by me is still suffering, according to the terms that will be expressed at the end of this memorial, for the outrages already mentioned. The prejudices experienced by the company from this occurrence have been of a most grave character.
Without the vessel appropriated, it cannot comply with the multitude of engagements for the carriage of freight nor with the contract made with the national government for the carriage of the mails.
It is not hidden from the citizen President, to whom I address myself, the great importance of making effective the free navigation of the rivers, which the general government has guaranteed, and this will not be obtained without making effective the responsibility of State governments and fully indemnifying the prejudices caused by the infraction of the national laws on this subject.
The indemnification which I exact is as follows: for the value of the freight of the cargo which was on board of the vessel at the time of her capture and which was lost to the company on account of not being able to deliver the same $1,130 50.
For the service of the vessel appropriated and the injury caused to the company by the impediment and disorganization of its business from the 11th of December till the day in which the company can again make use of the steamer Antioquia, for every day three hundred dollars, ($300,) besides the damages the vessel may have received and of the articles that may be wanting in the inventory at the time of delivering the vessel, and the costs of the reclamation.
In case of the total loss of the vessel, or deterioration which should leave her useless, her value is $50,000.
I pray, citizen President, that you will come to a quick and favorable resolution of my petition, so as to avoid greater prejudices to the nation and the company.
Citizen President.
Answer of the Government of the United States of Colombia to first memorial of R. A. Joy
UNITED STATES OF COLOMBIA, NATIONAL EXECUTIVE, SECRETARY OF INTERIOR AND FOREIGN RELATIONS, GOVERNMENT DEPARTMENT, SECOND SECTION, NUMBER 188,
Bogota, January 9, 1866.
Mr. Robert A. Joy:
From the petition and accompanying documents which you have presented to the national executive relating to the interruption of the voyage of the steamer Antioquia and the forced employment of her for the conveyance of troops of the State of Magdalena, it appears that on the 10th of December last said steamer was detained by the commander of the armed vessels of said State, near to a place called Cotore, and that the day following Mr. Manuel Vengoechea, delegate of the government of Magdalena, issued a decree temporarily taking possession of said steamer, which he had delivered to him under inventory, and leaving the cargo in Calamar.
In this office there are data that the President of Magdalena has lamented the abuse referred to, which he hastened to correct as far as possible, offering to you the immediate return of the steamer, for which he proposed the appointment by you of an agent to receive it, and offered also indemnification without the necessity of reclamation, complaint, or judgment, proposing to you a legal and just arrangement of the matter, and that an account should be given of all to the general government.
Once that the evil was caused, what was important was to lessen the results. To this end he tended the return of the steamer, and your refusal to receive it, because the return was not made in the domicile of the company, did not consult in any way the convenience of the company itself, nor of the government, that the prejudices and abuse should be as limited as possible.
Therefore the responsibility which, without dispute, has arisen from the proceeding of taking the steamer, does not extend to damages which she may suffer, nor for the prejudices of her detention further than for the time she was detained, but not for that posterior to the date in which, as was offered, and which undoubtedly would have been complied with, she might have been returned, but for the obstinacy of the owners, which cannot be satisfactorily explained, with the prolongation of the evil, and with the exposure of the steamer to ulterior damages and even to a total loss; the company was not empowered to compromise the responsibility of the government nor even of the causes but their own, or their own interests.
I have received an order from the citizen President to establish clearly these facts, which must serve as an antecedent to the company in the demand for indemnification to which it may have a right—the amount of which, and those immediately responsible, will be determined by the respective tribunals.
To this end, all the documents concerning the matter have been passed to the procurador of the nation, and orders have also been issued for the return of the steamer, and that all the necessary documents be collected about the damages caused. As the president from the State of Magdalena is the constitutional agent in that State of the government of the Union, the measure adapted by said president for the return of the steamer—a measure for the non-fulfilment of which is exclusively responsible the company which did not deign to receive it, so that the evil might cease, and that the consequences might be less grievous and costly— that measure has the character of being dictated by the national executive, and the orders now given directly cannot be considered but as a repetition of the said measure.
Your obedient servant,
[Translation.]
SECOND MEMORIAL TO THE GOVERNMENT OF THE UNITED STATES OF COLOMBIA.
Citizen President of the United States of Colombia:
Robert A. Joy, agent of La Compania Unida de Navigacion por Vapor en el rio Magdalena, respectfully represents, that the communication from the secretary of the interior and foreign affairs has been received, dated 9th inst., No. 188, of the 2d section of the government department, in which appears the desire to transcribe the resolution of the executive, to my former memorial about the violent appropriation made of the steamer belonging to the company I represent, navigating the river Magdalena with passengers, cargo, and national mails, or at any rate to give me, in your name, an official answer to my before mentioned representation.
This answer, or the opinions and determination these involved, oblige me to address you again, and to take the liberty of analyzing the contents of that communication to establish better my petition, which, permit me to say, has not had the reception it ought to have had.
[Page 502]The company represented by me has large sums of money invested in the enterprise of steamers navigating the river Magdalena, based on the securities and guarantees offered by the constitution and the laws of the country.
Other companies have been formed and operate with the same object. Several of the richest and most populous of the States of Colombia make use of these steamers to carry on an active and important commerce. And the whole nation, more or less directly, is interested, perhaps in a greater degree than the company which I represent, in knowing what is effectively the liberty and security which can be counted upon in this navigation—what the value of the promises solemnly repeated relating to said navigation.
On treating, then, of the appropriation of the steamer Antioquia, I discuss a question, the solution of which necessarily affects many very great and respectable interests. The document which I now answer, in resuming, contains the following points:
1. The manifestation by the executive that it is fully informed, that on the 10th of last December the steamer Antioquia was detained on her voyage, forcibly appropriated and placed in the service of the government of the State of Magdalena, while said vessel was loaded with merchandise and with passengers, and the bags of the national mail on board.
2. The knowledge of the government of the Union that Mr. Manuel Vengoechea, calling himself an agent of the government of the State of Magdalena, possessed himself of the official and private correspondence of the mail which was on board said steamer, giving them such direction as he thought convenient.
3. The opinion of the national executive, that in cases like the present, it has only to pass to the procurador of the nation the documents presented, so that the tribunals may determine the amount of damages caused, and who are responsible to the company.
4. The opinion also of the executive, that the agent of La Compania Unida ought to have yielded to the vague indication made by the president of Magdalena, by appointing an agent to convey himself to any point that that functionary might wish to receive the appropriated vessel, and for not having consented to this indication the damages which I can claim ceased, since the time that said president made the offer.
5 The national executive considers that, as the president of the State of Magdalena is the constitutional agent of the government of the Union of said States, the measure adopted by said president for the return of the steamer (of course of the form in which he presented it) * * * * has the character of being dictated by the national executive, and the orders now given directly can only be considered as a repetition of said measure. Such are, in summary, the opinions expressed in the before mentioned note of the secretary of the interior and foreign affairs.
In analyzing them I shall be short, because I do not believe the opportunity has arrived to occupy myself with all the questions Suggested in the note.
The executive of the Union being informed that certain individuals, in the name of the government of the State of Magdalena, had forcibly possessed themselves of a vessel belonging to the Compania Unida, discharged her cargo on one of the banks of the Magdalena, taken possession of the official and private correspondence which she had in the national mail, and the vessel placed in the service of that State to make war upon its interior enemies, the government of the United States of Colombia, which knows all this, only finds, in this complex act in the accumulation of outrages, a question of indemnification to the company injured, for which alone has the procurador of the nation been instructed.
I cannot conceal from you, citizen President, the surprise with which I have seen the restricted proportions which have been attributed to such like excesses. If the authorities of the State of Magdalena are only responsible for the injuries caused to the company, what else would they have had to do, if the law had allowed them to take the vessels navigating the river whenever they required them? What becomes of the constitutional guarantees and those especially granted by the law of the 25th of May, 1864, on navigation, as well as the one in continuation of it, and the solemn compact in the contract for carriage of the mails, which has not long been made with me? What signifies the 25th article of the law of the 29th of April, 1865, organizing the national mails, which says: “All ordinary or extraordinary mails will enjoy, during the journey, perfect guarantee for the persons, beasts, and vehicles indispensable for the compliance with the service.” * * * * In consequence, they ought to be protected and assisted by the authorities on the route, and cannot be detained by any authority, employé, or functionary unless the conductor has committed some grave offence. * * * * For what does the case of procedure in criminal affairs form part of the national legislation, especially the articles 1st, 2d, and 13th and the penal code, according to which the infractions of the law ought to be punished.
Let us generalize the opinions of the executive on this point, and we will see if the act of the appropriation of the steamer Antioquia is so insignificant as is pretended, and if it can be sustained by the side of the constitution and laws of the country.
Taking the doctrine of the executive from the special to the general, and it is equivalent to the following:
In every case in which a vessel conveying cargo, passengers, and national mail bags, is taken by force by agents of the State governments the shores of which are washed by the waters of the rivers navigated by said vessels, and the arrangement of the navigation of which is reserved for the general government, this will limit itself to the instructions of the procurador [Page 503] of the nation of what has happened, that he may promote before the tribunals what may be necessary to clearly establish the injury occasioned to the owner of the vessel, and who are the parties immediately responsible for the damage. For the rest, the States are free to appropriate steamers in all the rivers, to possess themselves of the mail bags and specie they carry, and to do with them whatever they think proper.
I do not believe, citizen President, that the above doctrine can possibly be sustained. The simple enunciation of it is sufficient to combat it; nevertheless allow me to bring forward the following disposition:
First. The sixth paragraph of the seventeenth article of the national constitution exclusively attributes to the national government the arrangement of the navigation of the rivers which wash the territories of more than one State.
Second. The third paragraph of the eighth article of the same constitution prohibits the States from restricting by imposts, or in any other manner, the navigation of the rivers.
Third. The first article of the before-mentioned law of the 29th of April, 1865, organizing the national mails, says that the mails constitute a special administrative department of the government of the Union, and the object of which is to carry, secure, and guarantee the correspondence, printed papers, and parcels which are sent by the mail lines kept by the national government.
Fourth. The third principal object of the national mail, as by the fifth article of the same law, is to protect commerce and the national industry, by conveying with safety and despatch the correspondence and funds by the mail lines of the Union.
Fifth. The twenty-eighth article of the same law imposes upon the authorities the duty of supplying individuals to guard and escort a mail that may be threatened, and to them the duty of resisting any attack with valor, and by use of arms.
Sixth and last. The tenth article of the contract made with the Compania Unida, for which I am agent, for the carriage of the Atlantic mail, says: “The public authorities of the place situated on the route which the mails have to travel, from this capital to Santa Marta, shall not embarrass in any way the operations of the vessels destined for the mail service,” &c.
Not even necessity could extenuate the proceeding that I complain of, because it is to the point to observe to you that the appropriation of the steamer Antioquia was decreed by Mr. Manuel Vengoechea, partner of a steam navigation company which makes a strong opposition to the Compania Unida; that it was done at a short distance from Baranquilla, in which port were the steamers unloaded of the company to which he belongs; that consequently if Mr. Vengoechea or his government was necessitated for a steamer, he might have contracted for one of his own company, without the necessity of appropriating one belonging to others, which, as I have said before, was not in circumstances to render service to the appropriating government. I have too high an opinion of the supreme magistrates of the nation not to be persuaded that after studying a little more this matter, they will give it the importance which it merits.
It is sustained that the agent of the Compania Unida ought to have accepted the vague indication of the president of the State of Magdalena, to appoint an agent who should receive the appropriated steamer in the place that he should determine, a doctrine which I esteem entirely unacceptable. If the government of the State of Magdalena had a legal right, which it has not, to take the vessel of the Compania Unida whenever it liked, it would still be a pretension, more than irregular, to think that the company should be bound to go and receive the appropriated vessels in the place appointed by the appropriating government. Even under this supposition, the company would have an indisputable right to exact that the delivery should be in the place of its domicile, because no legislation authorizes, nor could authorize, debtors to pay whenever they thought proper.
Well, then, if from a legal act does not emanate the correlative right to the obligation which is pretended, how can it for an act which is not authorized by law, but on the contrary is prohibited and punishable? How can such a right be suggested, or arise such obligation? For the rest, in my opinion it is more than doubtful that the order for the delivery of the vessel would have been complied with, for it is clear that if the president of Magdalena really lamented the act of appropriation, and desired to deliver the vessel, he would not have limited himself to a simple offer, but would have disapproved plainly, and with the energy belonging to a public functionary, the conduct of his agent: he would have ordered the return of the steamer to Baranquilla, and would have made a judicial deposit of it, in case the company was not disposed to receive. This is the process in such cases. But to pretend that the agent of the company should expose himself to a mock: to pretend that he should receive orders from the authors of the outrage committed; to pretend that he should go humbly to the place which should be pointed out to get back what had been forcibly wrested from him; to pretend that the affair should be amicably arranged, was to pretend what was impossible for a man of dignity who was aware of his rights.
The company, besides humiliating itself with like proceeding, would have tacitly renounced its recourse against the general government, and established a terrible precedent for the future. Although the point I am now going to occupy myself with is not entirely clear, I think it necessary to refute the opinion therein contained, in case it should have been the intention of the executive to decline the responsibility which directly belongs to it in this matter, by announcing, as it does, that the tribunals will decide the quantity of the indemnification, and [Page 504] who are responsible, for the Compania Unida will never admit in such cases that it should be subject to the ordinary tribunals, or that the damages should be awarded by the executors of the acts.
In my character of foreigner, and as the representative of foreign interests, I am authorized to exact the payment of damages which have been caused us from the general government, with which alone can I understand myself when, in treating of the matter in hand, international rights are concerned. The political constitution of this nation expressly recognizes this doctrine as much in the ninety-first as in the paragraph of the twenty-first article, in which it says that “the indemnification which the Union may have to award for violating acts of the individual guarantees, recognized in the fifteenth article, committed by State functionaries, will be charged to the respective States, which will be responsible to the federal treasury for the pecuniary value of the indemnification awarded.” The direct responsibility of the general government, on the other part, is very clear, because, being bound to arrange the navigation of the river Magdalena, to maintain there the individual guarantees, and to comply with its own contracts, it is responsible for the illegal acts there committed on account of the inefficiency of the protection of the government.
The observations which I must make, citizen President, on the points which remain to be analyzed, are not less terminate. It appears to me that the interest of the government in this question is even greater than mine.
The answer to which I allude says this, which it is necessary to repeat: “As the President of the State of Magdalena is the constitutional agent of the government of the Union in said State, the measure adopted by said President for the return of the steamer is the same as if dictated by the national executive,” although that President never informed me that in this case he was acting as such agent. If this were so, the deduction would be rightly, that all the acts done by that functionary in which national interests are concerned ought to be considered as acts performed by the general government.
Thus, then, the extraction of the funds from the custom-house of Santa Marta by that magistrate to sustain the war in which that State is involved, an act which is generally attributed to him, ought to be considered as done by the general government, which in my humble opinion you will not accept, nor in justice ought it to be said; such a mode of reasoning appears to me that, besides going contrary to the truth of the fact, involves a community between the sectional governments and the general government, incompatible with the responsibility of the States.
For me, what is certain is that the President of the State of Magdalena never thought of giving said order as agent of the general government, and that to accept it as implicitly, including the will of the national executive in such like acts as these functionaries, would obligate the acceptance always in the same way, and in every case, which is entirely unsustainable
Having terminated this short examintion, the moment has arrived to state the object of my first memorial, and that of this representation. It is confined to two principal points:
1st. To denounce to the general government the illegal acts committed against the property of the Compania Unida de Vapor en el rio Magdalena, the ill usage of the employés of the steamer Antioquia, the attack on the liberty of industry to which they were victims, and the hindrance to the progress of the mail, passengers, and cargo that were on board said steamer.
2d. To protest, as I do again protest, to recover in proper time from the general government the damages and losses which have been experienced by the company that I represent, the estimate I made in my previous memorial serving as a basis.
With respect to the first part, which is, without doubt, the principal, and upon which I beg of you to fix your attention, I believe that my duty is accomplished as far as I can do it. The reparation which, without doubt, will be given for the grievances done, is chiefly demanded by the public strongly interested in the matter. As to the second, it is not time to proceed further in this discussion. Therefore I limit myself to solicit respectfully that an order be given me, so that in the presence of an agent of the local government and of a judge or notary, the steamer Antioquia be delivered to me in the port of Baranquilla, the State in which she is found at the time to be minutely stated.
To terminate this representation, it only remains for me to request you to read the accompanying official document, in which the President of the State of Magdalena orders me not to allow the mail steamers to touch in Banco, on account of there being troops opposed to his government. On this point I would wish an express declaration from the general government, and that this document be placed also to the procurador general of the nation.
Deism, citizen President, to attend to this representation, and resolve in accordance with it.
United States of Colombia, sovereign state of Magdalena–Secretary General–Number 1,022, section of government.
The citizen President of the State has received the note which you have directed him from Baranquilla, dated I2th instant, advising him that Mr. Manuel Vengoechea, agent of the executive power of the State, had taken the steamer Antioquia for the service of this government, and I have been instructed to answer you in the following terms:
The citizen President laments the act of having taken the steamer Antioquia by the delegate of the executive power, and he laments it for several reasons, among them because said vessel carried the national mail; but the agent of this government having found himself obliged by circumstances to adopt this measure, the executive power cannot do anything else than give, as it does in fact this day, an order to the delegate to immediately deliver the vessel to the person whom you may appoint, which can take the cargo left in Calamar.
As to the mail which was abandoned by the captain, at the time of the seizure of the vessel, Mr. Vengoechea thought fit to forward it, so that the public might not be delayed in the receipt of their correspondence.
The executive of this State, I repeat to you, laments what has happened with the steamer Antioquia; but as it is a consummated act, it is ready to indemnify the Compania Unida the prejudices which it has suffered, so that you will be pleased to fix the basis upon which to arrange in this case.
Your obedient servant,
Mr. Robert A. Joy.
[Translation.]
UNITED STATES OF COLOMBIA, SOVEREIGN STATE OF MAGDALENA—SECRETARY GENERAL OF THE STATE.
Santa Marta,December 14, 1865.
It having been thought convenient that the mail steamer should not touch in the Banco, on account of that place being occupied by rebels, who might commit some attempt against the mail, the citizen President of the State orders me to call upon you to order the captain not to touch there.
Mr. Principal Agent of La Compania Unida de Navigation par Vapor en el Rio Magdalena.
Answer of government of United States of Colombia to second memorial of R. A. Joy
UNITED STATES OF COLOMBIA, NATIONAL EXECUTIVE—SECRETARY OF INTERIOR AND FOREIGN AFFAIRS—DEPARTMENT OF GOVERNMENT, SECTION SECOND, NUMBER. 189.
Bogota,January 18, 1866.
The executive of the Union has ordered the citizen President of the State of Magdalena to return the steamer Antioquia, the use of which was appropriated from the company that you are agent for, by the delegate of the said magistrate, in the terms of the decree of the 10th of last December.
Your obedient servant,
Mr. Robert A. Joy.
Law of April 7, 1852, declaring the navigation of the rivers of the republic free to merchant steam vessels.
The senate and chambers of representatives of New Granada, in congress assembled, decree:
Article 1. From and after the publication of this law the navigation of the rivers of the republic is open to foreign merchant steam vessel under their own flag.
§. Privileges granted by law and agreements which have obtained the approbation of congress are not interfered with by the contents of this article.
[Page 506]Article 2. Foreign vessels are subject to all the duties and obligations to which national ones are liable, and their crew must yield obedience to the national authorities, to whom all foreigners are subject.
Article 3. The law of April 11, 1846, respecting inland navigation, is hereby reformed in terms above expressed.
Article 4. All controversies which may arise in consequence of the enactments of this law, or respecting its sense or interpretation, shall be determined by the magistrates and according to the laws of the republic.
No foreigner shall in any case allege any right, immunity, or exemption which is not expressly recognized or granted by the laws or public treaties, nor shall the interference of any authority or functionary other than those legally established with jurisdiction in the said republic be permitted.
Issued in Bogota April 5, 1852.
JUAN N. AZNERO, President of the Senate.
PATROCINIO CUELLAR, President of the Chambers of Representatives.
MEDARDO RIVAS, Secretary of the Senate.
By the secretary representative:
N. PEACIA GAMBA.
Bogota, April 7, 1852.
To be carried into effect and published.
JOSÉ HALARIO LOPEZ, Secretary of Foreign Affairs.
[Translation.]
Law of the 24th May, 1856, on navigation of the rivers.
The senate and house of representatives of New Granada, in congress assembled, decree:
Article 1. Navigable rivers which extend to more than one province, and those which serve for exterior commerce may be freely navigated by every description of merchant vessels, of whatever tonnage, either national or foreign, and their banks are of free access to all who navigate them. The municipal governments and the owners of the adjacent lands cannot impose any tax on the navigation of said rivers, or the vessels which navigate, or on the merchandise and other objects carried in them.
Art. 2. Foreign vessels will be subject to all the duties and all the obligations which weigh upon national ones, and the crews to the dependence of the national authorities to which all foreigners are subject.
Art. 3. In points where the rivers cross the public roads the passage is free to every description of craft, but if in any of these passes the provincial legislatures deem it convenient for the facility and security of traffic to construct bridges, maintain vessels, or establish any apparatus for the passage of the river, they can make it, provided the bridge or apparatus does not disturb the navigation of the river longitudinally, and they may likewise collect a bridge or passage toll, or permit those to collect it to whom they may grant the privilege of making such works.
Art. 4. The toll collected, in virtue of the previous article, can only be invested in the indemnification of the cost of the bridge, vessel, or apparatus destined for the passage of the river in the preservation of said work, in the service of said pass, and in the improvement of the road forming part of said pass.
Art. 5. If the points in which the passage of the river is should be a dividing line between two provinces, the respective municipal governments ought to agree respecting the pass, the construction or establishment of the necessary works, and the division between the two of the product which is to be legally invested.
Art. 6. If one of the municipalities interested in the pass is of the opinion that it ought to be left free, the other cannot subject it to restrictions; but if a desire should be to build a bridge, and one of the municipalities should not wish to participate, the other alone can provide for the construction and legally invest the products.
Art. 7. Controversies arising in consequence of the dispositions of this law or upon its interpretation or understanding, shall be decided by the magistrates according to the laws of the republic. In no case can a foreigner allege privilege, immunity, or exemption, not recognized or conceded expressly by the laws or public treaties; nor will the intervention of any other authority or functionary be allowed than those legally established with jurisdiction in the republic.
[Page 507]Art. 8. Repeal the law of the 7th of April, 1852, which declares free the navigation of the rivers any merchant steam vessels.
Give in Bogota, 23d of May, 1856.
JOSÉ MARIA ORTEGA, President of Senate.
I. ANTONI PARDO, President of Representatives.
M. M. MEDINA, Secretary of Senate.
MANUEL POMBO, Secretary of Representatives.
Bogota, May 24, 1865.
Execute and publish it.
[Translation.]
Law in addition to that of the 24th of May, 1856, on navigation
The congress of the United States of Colombia decrees:
Article 1. The States being prohibited by the third paragraph of the 8th article of the constitution from restricting, by imposts or in any other way, the navigation of the rivers or other navigable waters which have not required canalization, and it being moreover the exclusive attribute of the general government, by the sixth paragraph of the 17th article of the constitution, the navigation of the rivers which wash the territory of more than one State, or that pass on to a bordering nation, the governments, functionaries or employés of the States are prohibited—
First, to impose imposts or contributions of any description on the vessels, passengers, or merchandise, with the exception, of the latter when it is offered for consumption in the localities destined for that purpose.
Second, to subject to formalities of any description the loading or unloading of the vessels, their voyages or stations, so that these operations may be conducted with the utmost freedom, and without restriction or detention of any kind.
Third, to subject to formalities or obligations the passengers and crew of vessels.
Art. 2. The functionaries or employés of the State who contravene the dispositions of this law will be personally responsible for the damages and prejudices occasioned by their acts.
Given at Bogota, 19th of May, 1864.
ANTONIO FERRO, President of Senate.
JOSÉ M. SAMPER, President of Representatives.
C. BENEDETI, Secretary of Senate.
ALEJANDRO CORDOVA, Secretary of Representatives.
Bogota, May 25, 1864.
Publish and execute it.