The whole substance of the reply of the consuls to the note of the admiral
appears in my letter, of which copy is inclosed.
[Inclosure 1 in No. 111.]
Mr. Christiancy to
Mr. Nugent
Legation of the United States,
Lima, Peru, January 26,
1880.
Sir: Your letter (No. 2) of the 14th instant
received, inclosing a copy of the letter of Admiral Montero, commander
of the Peruvian forces at Arica, dated January 9, on the subject of the
blockade, and the reply of the consular corps thereto, informing the
admiral that the contents of his letter would be referred to the
ministers of their respective countries.
At this distance, with the uncertainty and irregularity of the mails, I
can give you no specific advice applicable to the precise state of facts
which may exist at any moment, as that state of facts may be changing
from day to day. In fact I am informed here, through the British
minister, that since the letter of Admiral Montero, another vessel has
been added to the Chilian blockade squadron in front of Arica, and
another to that blockading Mollendo. I can only lay down for your
guidance some general principles recognized and insisted upon by the
Government of the United States, as applicable to blockades, and leave
you to apply them to cases of American vessels entering or seeking to
enter the port claimed by Chilian authorities to be blockaded. No nation
has taken stronger ground or more persistently maintained it against
mere
[Page 834]
paper blockades. The
American doctrine is that, to entitle a blockade to the recognition of
neutrals, or in any manner to affect the rights of neutral vessels to
enter or depart from the port claimed to be blockaded, the blockade must
be maintained by the presence of such a force as to render the entrance
or departure of the neutral vessel manifestly dangerous. The principle
adopted by the treaty of Paris (of April 16, 1856), to which both Chili
and Peru have become partios (upon this point), does not differ very
materially from the American doctrine, though it may seem to go even
further, as it requires “that blockades, to be binding, must be
effectual; that is to say, maintained by a force sufficient in reality
to prevent access to the coast of the enemy.” But, whether this really
goes further than the American rule we need not discuss, as you and I
are to be governed in our official action by the latter, and under this,
the mere fact that a neutral vessel might slip in or out unobserved, at
night, or during a fog, could not of itself be held to invalidate the
blockade. And if the blockading squadron be driven off the port by a
storm, this will not invalidate it, if they return to their post as soon
as the weather will permit. But if they are driven from the port by the
enemy or voluntarily leave it, for even a few days (possibly for a
single day), this terminates the blockade, and it cannot be
re-established without giving, de novo, a fair
notice to neutrals.
A practical question of some importance may arise upon the course which I
understand has been quite usual with the Chilian blockading squadron, of
withdrawing so far from the port at night, and sometimes by day, that
first, vessels might innocently enter without the knowledge that a
blockade had existed there, and second, vessels which had been informed
that the blockade had existed some time before, might, on approaching
the port to see whether it still existed, and seeing no blockading
vessels and receiving no warning from them, might enter in good faith,
believing that the blockade had been abandoned.
In neither of these cases could such vessel be properly seized as a prize
for a breach of the blockade; but should receive reasonable notice to
depart, or not to land or receive cargo. And if this habit of leaving
the port thus unguarded should continue for any great length of time, I
doubt whether all neutral nations would not be justified in treating it
as inefficient for any purpose, and absolutely null. Such intermittent
blockade must, in time, it seems to me, become intolerable to
neutrals.
Should the blockading squadron attempt to seize or interfere with any
American vessel, in violation of any of the principles above laid down,
my advice is: that you make a proper protest, and allow officers and
owners of such vessels, through you, to protest against such action.
I am. &c.,
[Inclosure 2 in No.
111.—Translation.]
The Peruvian admiral to
the consular body at Arica
Sir: I think it opportune to place under the
knowledge of the honorable consular corps residing in this department,
that some merchant vessels of neutrals have entered and departed freely
the port of Mollendo, notwithstanding the men-of-war of the republic of
Chili, which announced the blockade, were cruising off the port
mentioned. Such has been the case with the steamer Bolivia of the
English company on the 17th of the same month; nevertheless, two Chilian
vessels, perhaps, were at sight, which is publicly known. And as these
cases are frequently and inevitably repeated, and especially on the
south coast of the republic, where the naval forces of Chili are
simulating that hostility which the law of nations recognizes as
blockade, and for the efficiency of which invariable rules have been
established, I think it my duty to call the attention of the foreign
consular body here to the subject, they having under their care the
custody of the interests of the citizens of their respective nations, in
order to guard the rights which they so worthily represent, and in
obedience to the principles universally acknowledged. Be pleased to
consider seriously the tenor of this note, and appreciate properly the
question of the legality of the proceedings to the Chilian squadron; as
it is seen that they cannot substantially sustain the effectual blockade
in conformity to the sound and incontrovertible doctrine of
international law. Such blockade, although claimed to have exisied, is
de facto relinquished for want of effectual
and immediate force to maintain it, and in virtue of the facts to which
I have referred.
With distinction and consideration of esteem, it is grateful to me to
subscribe myself, &c.,
To the Dean of the honorable consular corps
residing in Tacna.
