No. 160.
Mr. Bayard to Mr.
Scruggs.
Department
of State,
Washington, May 19,
1885.
No. 37.]
Sir: I herewith inclose copies of reports from the
law officer of the Department, No. 34, April 21, 1885, and 57, of May 18,
1885, in regard to the seizure of the boats of the United Magdalena Steam
Navigation Company by armed forces in the United States of Colombia. I add
in this connection a copy of a telegram to the Department, of the 16th
instant, from the president and secretary of the company at New York, and a
copy of a letter of the 18th instant from the attorney of the company at
this capital. The two letters of Mr. Hood, of April 14, 1885, and May 11,
1885, with their accompaniments, have been sent to the Secretary of the Navy
in original, and their return requested when he shall have made such use of
them as he shall deem necessary in connection with the Department’s
recommendation, following the second suggestion of report No. 57, that
proper instructions be immediately issued to the commander of the naval
authorities in Colombia for the recapture, when on the high seas, by any
force the United States may be able to use for that purpose, of the vessels
of the Magdalena Steam Navigation Company thus unlawfully seized and
possessed by the insurgents.
Upon the return of Mr. Hood’s letters of April 14 and May 11 last to this
Department, copies of the same will be at once made and forwarded to you to
complete the record in this case.
I am, &c.,
[Page 212]
[Inclosure 1 in No. 37.]
Department of State, Law Bureau,
Washington, D. C., April 21, 1885.
No. 34.]
Sir: In reference to the annexed papers, I beg
leave to report as follows:
- (1)
- When vessels belonging to citizens of the United States have
been seized and are now navigated on the high seas by persons
not representing any Government or belligerent power recognized
by the United States, such vessels may be captured and rescued
by their owners, or by United States cruisers acting for such
owners; and all force which is necessary for such purpose may be
used to make the capture effectual.
- (2)
- The Government of the United States of Colombia is liable not
only for an injury done by it or with its permission to citizens
of the United States or their property, but for any such injury
which by the exercise of reasonable care it could have averted;
and it is also liable for damages done to such vessels when by
reasonable care it could have averted such damage.
Respectfully submitted.
FRANCIS WHARTON,
Solicitor.
[Inclosure 2 in No. 37.]
Department of State, Law Bureau,
Washington, D. C., May 18, 1885.
No. 57.]
Sir: In my report of April 21, 1885, I stated
as follows:
- (1)
- When vessels belonging to citizens of the United States have
been seized and are now navigated on the high seas by persons
not representing any Government or belligerent power recognized
by the United States, such vessels may be captured and rescued
by their owners, or by United States cruisers acting for such
owners; and all force which is necessary for such purpose may be
used to make the capture effectual.
- (2)
- The Government of the United States of Colombia is liable not
only for any injury done by it or with its permission to
citizens of the United States or their property, but for any
such injury which by the exercise of reasonable care it could
have averted, and it is also liable for damages done to such
vessels when by reasonable care it could have averted such
damage.
This report was approved by the Secretary, and the company was duly
informed thereof May 16, 1885. I have now before me, under date of May
18, instant, a second application from the company, stating the unlawful
seizure of two additional vessels by the insurgents by whom the seizure
noticed in the prior report was made. I beg now to report that on this
state of facts these steamers may be retaken by United States men-of-war
and restored to their owners on the same principles as sustained the
conclusion given to this effect in my prior report. Under all the
circumstances of the case I now respectfully submit that the following
directions be given by the Secretary:
- First. That an instruction be sent to the United States
minister at Bogata containing this and the prior report above
mentioned.
- Second. That the papers in this case be immediately forwarded
to the Secretary of the Navy, with the request that the vessels
thus unlawfully seized and now possessed by the insurgents be
retaken when on the high seas by any force the United States may
be able to use for that purpose.
In closing this report I beg to call attention to the following paragraph
at the end of the recent dispatch from this Department as to the status
on the high seas of vessels owned by the insurgents in question:
“Secondly. The Government of the United States cannot regard as piratical
vessels manned by parties in arms against the Government of the United
States of Colombia, when such vessels are passing to and from ports held
by such insurgents, or even when attacking ports in the possession of
the National Government. In the late civil war the United States at an
early period of the struggle surrendered the position that those manning
the Confederate cruisers were pirates under international law. The
United States of Colombia cannot, sooner or later, do otherwise than
accept the same view. But, however this may be, no neutral power can
acquiesce in the position now taken by the Colombian Government.
Whatever may be the demerits of the vessels in the power of the
insurgents, or whatever may be the status of those manning them under
the municipal law of Colombia, if they be brought by the act of the
National Government within the operation of that law, there can be no
question that such vessels, when engaged as above stated, are not, by
the law of nations, pirates; nor can they be
regarded as pirates by the United States.”
It will be seen, therefore, that the crews manning these vessels cannot
be regarded by this Government as pirates. But while this is the case,
and while it may be conceded that vessels seized by them on the high
seas are seized under claim of right,
[Page 213]
yet, vessels belonging to citizens of the United
States so seized by them may be rescued by our cruisers acting for the
owners of such vessels in the same way that we could reclaim vessels
derelict on the high seas.
Respectfully submitted.
FRANCIS WHARTON,
Solicitor.
[Inclosure 3 in No. 37.]
Mr. Hoes to Mr.
Bayard.
United
Magdalena Steam Navigation Company,
New York, May 16, 1885.
Sir: I beg leave to inclose you a press copy of
a telegram which has been sent to you by the United Magdalena Steam
Navigation Company after a special meeting of its board of directors,
held this day, to consider the very important matters referred to in our
telegram.
Our information in regard to the taking out to sea by General Gaitan of
the boats of this company, which are American property, was received
through Señor Becerra, minister resident at Washington of the United
States of Colombia.
You will appreciate, no doubt, the very great urgency that now exists, as
we believe, for your immediate action, together with that of the naval
or other Departments of our Government, in the recovery by the
Government of the property taken from us in violation of treaty and
law.
We may have the honor, through a committee, of waiting upon you
personally on Monday next; meanwhile, we respectfully urge the
importance of these matters.
Respectfully,
WM. M. HOES,
Attorney of United
Magdalena Steam Navigation Company.
[Inclosure in inclosure 3 in No.
37.]
The United Magdalena Steam
Navigation Company to Mr. Bayard.
[Telegram.]
This company, on February 28 last, an American corporation owning
steamboats upon the Magdalena River, United States of Colombia, which
were seized for hostile use, requested your predecessor to protect and
preserve its property.
On April 14 last we filed with you an additional statement of further
seizure and damage to our property and business, calling your attention
to pending treaty between this Government and that of New Granada (now
United States of Colombia), invoking your active aid and intervention,
and urging that our property and rights be fully protected by this
Government. Further details of outrages were filed with you 11th
instant.
To-day we are informed that the revolutionary General Gaitan has taken
our steamers from Baranquilla out to sea.
We respectfully urge and request that this Government recapture our
vessels so seized, being the property of an American corporation.
The United Magdalena Steam Navigation
Company,
T. PARRAGA,
President.
H. B. PATTESON,
Secretary.
[Inclosure 4 in No. 37.]
Mr. Hood to Mr.
Bayard.
Washington, D. C., May 18, 1885.
Sir: I have the honor to acknowledge the
receipt of your letter of the 16th inst., advising me in reference to my
communications of April 14 and May 11 inst., that—
“When vessels belonging to citizens of the United States have been
seized, and are navigating on the high seas by persons not representing
any government or belligerent power recognized by the United States,
such vessels may be captured and rescued by their owners, or by United
States cruisers, acting for such owners, and all
[Page 214]
force which is necessary for such purpose may be
used to make the capture effectual.”
On the day your said letter was written our company received information
and advised you by telegraph from New York, among other things, that the
revolutionary General Gaitan had taken our steamers from Barranquilla
out to sea, and it respectfully urged and requested that this Government
recapture our vessels so seized, being the property of an American
corporation.
In view of the facts already presented to the Department as to the
seizure of the vessels of the company, at or near Barranquilla, on the
Magdalena River, and that now some of those vessels (which are
light-draught river steamers and not adapted to ocean navigation) have
been actually taken out to sea, where they are liable to destruction;
and in view also of the loss and damage which the company has sustained
and continues to sustain by such seizure and taking to sea, I
respectfully petition and urge, as coming within the principles laid
down in your letter, that the power of our Government, acting for this
company as the owners of the vessels so seized, may be used at once to
rescue said vessels and return them to their owners.
Mr. William M. Hoes, the attorney of the company in New York and one of
its directors, who accompanied me in a personal interview with you this
morning, joins me in this petition in behalf of said company.
Very respectfully, &c.,
JAS. F. HOOD
,
For said
Company.
