Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880
No. 526.
Mr. Christiancy to Mr. Evarts.
Lima, Peru, January 28, 1880. (Received February 25.)
Sir: I have the honor to inclose to you a copy of my letter of the 25th instant to C. A. Nugent, esq., our consular agent at Arica, also a copy and translation of the letter of Admiral Montero, in command of the Peruvian forces at Arica, on the subject of the blockade of the port of Mollendo by Chili, dated the 9th instant.
The whole substance of the reply of the consuls to the note of the admiral appears in my letter, of which copy is inclosed.
* * * * * * *
I am, &c.,
Mr. Christiancy to Mr. Nugent
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.,
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.