On the 11th instant, the members of the diplomatic and consular body
called, by informal invitation, at the government house, Mr. Villegas,
the minister of foreign affairs, wishing to consult with them about the
blockade. Mr. Villegas argued strongly as to its illegality, and
appeared anxious that the representatives of foreign powers should
declare that they would not respect it. But these gentlemen declined
making any declaration on the subject, reserving to themselves the
liberty to act as each might deem proper, under such circumstances as
should arise.
On the 16th instant a dispatch in relation to the blockade was received
at this legation from the minister of foreign affairs, which will be
found in inclosure No. 1, and a translation of the same in inclosure No.
2.
I am, Mr. very respectfully, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Translation.]
Señor Villegas to Mr. Pruyn.
UNITED STATES OF VENEZUELA, DEPARTMENT
OF FOREIGN AFFAIRS—No. 82.
[Circular.]
Caracas,
July 16, 1868, 5 and
10.
The undersigned, minister of foreign affairs of the United States of
Venezuela, has the honor to state to the incumbent of the legation
of the United States, conformably to a resolution of the national
executive, that the blockade decreed from the port of Colombia to
Cape Cordera by General Manuel E. Bruzual is null and non-existent,
as well from the want of legitimate power to decree it as from the
lack of the requisites that the law of nations demands.
In unfolding the reasons that give rise to this declaration, the
undersigned will add some of the arguments that justify him,
according to the practice and principles generally admitted.
The capitulation has already been communicated to the incumbent of
the legation of the United States, whereby the remainder of the
forces of the government that existed in Caracas surrendered to the
general-in-chief of the armies of the revolution, and bound
themselves to the delivery of the towns of La Guayra and Puerto
Cabello, and other points garrisoned by the national forces, of the
vessels of the navy and of the elements of war that they might have.
The chief of staff stipulated in the name of General Bruzual, who
had spoken to several members of the diplomatic body of his
disposition to surrender himself, desiring only guarantees for his
person. The observation that Bruzual retains General Aristiguieta in
Puerto Cabello in the same character of chief of staff, and of his
not having contradicted the document which is treated of, gives more
weight to this statement. From the instant, when, in virtue thereof,
the combat ceased and the chief and the troops benefited by the
capitulation remained at liberty, the government that was so called
lost its character of a belligerent, without the violation of the
word of honor pledged to the fullfilment of an act that all its
circumstances rendered sacred, being able to restore it. It is just,
then, to consider the faction of Puerto Cabello in the same case in
which they would find themselves; for instance, the chiefs of the
vessels, if they had risen up, on their own account, against the
nation; and if in such mutineers no one would recognize the rights
of belligerents, with like parity they must be denied to the others.
Now, taking into consideration that they are reduced to one single
point, already besieged by numerous forces, and opposed or without
support in all the States of the Venezuelan Union; and that they
cannot produce any other result than that of augmenting the
misfortunes of the country, and prolonging the evils from which the
revolution has sprung, with grievous injury moreover to foreign
commerce, we are constrained to conclude that they have no authority
to decree blockades, nor any other such measures.
As it relates to the blockade of General Bruzual, getting aside its
illegitimacy, there would be wanting to it, in the first place, the
diplomatic notification, which European powers have not though
proper to preclude, as has been seen in the last wars of that
continent. It will always be very useful to prevent the ignorance
thereof from occasioning damages to the commerce of neutrals.
In the second place, the blockade of the coast being declared from
the port of Colombia to Cape Cordera, it is not possible that the
presence of one steamer and one schooner would be sufficient to
impede effectually communication with the aforementioned coast.
In the third place, the decree commands the chief of the so-titled
squadron to prevent the arrival of national and foreign vessels,
when the blockade should have for its object to close as well their
entrance as their departure; to render impossible, not only
commerce, but every species of communication with the place
blockaded. Only are vessels permitted to depart that might have
entered before the blockade was established.
In the fourth place, it is ordered in the decree that the special
notification of the blockade be made to the ships that are bound to
La Guayra; but it is not provided that there should be entered on
the papers of navigation of the same the day, and the place, or the
latitude, in which they may have been found before being notified,
as the treaty of Venezuela and France of 25th of May, 1843, in its
19th article requires, and also that which the republic and Denmark
signed on the 19th December, 1862, article 17.
In the fifth place, vessels that pretend to violate the blockade
shall be seized, and taken to Puerto Cabello, to be tried according
to the laws of the matter.
The author of the decree forgot that the only tribunal called to take
congnizance of prizes, according to article 89 of the constitution,
is the high federal court, and that this body, appointed by
congress, continues discharging its functions in Caracas. Any other
tribunal whatsoever, created to take cognizance of prizes, would be
unconstitutional, so much the more so since the executive has no
power to establish them, nor to appoint judges.
[Page 955]
In the sixth place, the same decree, which is being analyzed,
recognizes, in some manner, in the 5th article, the necessity of the
diplomatic notification that it has not before prescribed, and,
moreover, orders the seizure and trial of the vessels that attempt
to violate the blockade, and in which contraband of war is
found.
Here the treaty of Venezuela with the United States is broken,
according to which, in its 16th article, ships which carry
contraband of war must be left at liberty to pursue their voyage, if
their commander offers to deliver it, not being in quantity greater
than what may be conveniently received on board the capturing
vessel. By the same treaty contraband is declared an object of
confiscation, but free and in no manner contaminated by the goods
prohibited, the vessel loaded with them, and the rest of the
cargo.
The same was stipulated by the treaty in force of this country with
Denmark. Finally, the continuity of the blockade would not exist,
because of the two vessels thereunto destined, the steamer is not
well provided with coal, and in case of making seizures, having to
take to Puerto Cabello the ships detained, they would have
necessarily to withdraw.
Since the preceding was written, facts have come to confirm the
exactness thereof. The supposed blockading vessels steered their
course last night for Puerto Cabello, and to-day the steamer
Talisman, hailing from Liverpool, has arrived at La Guayra, without
any hinderance. More than sufficiently founded therefore, is the
hope, that the government entertains that the dipolmatic and
consular bodies will not acknowledge the pretended blockade,
extending the protests necessary for the effect, and acting in
consequence thereof.
The undersigned, &c., &c. Union and liberty.
