74 Message of President Monroe to Congress, December 2, 1823 1 [Extract] 1 At the commencement of the recent war between France and Spain it was declared by the French Government that it would grant no commissions to privateers, and that neither the commerce of Spain herself nor of neutral nations should be molested by the naval force of France, except in the breach of a lawful blockade. This declaration, which appears to have been faithfully carried into effect, concurring with principles proclaimed and cherished by the United States from the first establishment of their independence, suggested the hope that the time had arrived when the proposal for adopting it as a permanent and invariable rule in all future maritime wars might meet the favorable consideration of the great European powers. Instructions have accordingly been given to our ministers with France, Russia, and Great Britain to make those proposals to their respective Governments, and when the friends of humanity reflect on the essential amelioration to the condition. of the human race which would result from the abolition of private war on the sea and on the great facility by which it might be accomplished, requiring only the consent of a few sovereigns, an earnest hope is indulged that these overtures will meet with an attention animated by the spirit in which they were made, and that they will ultimately be successful. 75 Treaty of Peace, Amity, Navigation, and Commerce between the United States and Colombia, October 3, 1824 2 [Articles XII-XVII] ARTICLE TWELFTH. It shall be lawful for the Citizens of the United States of America and of the Republic of Colombia to sail with their Ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandizes laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with either of the Contracting parties. It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandizes beforementioned and to trade with the same liberty and security 1 Richardson, Messages and Papers of the Presidents, vol. II, pp. 207–220. 2 Miller, Treaties and Other International Acts, vol. III, pp. 163–194. 42179-34- -22 from the places, ports, and havens of those who are enemies of both or either party, without any oposition or disturbance whatsoever, not only directly from the places of the enemy beforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of one power or under several. And it is hereby stipulated that free Ships shall also give freedom to goods, and that every thing shall be deemed to be free and exempt, which shall be found on board the Ships belonging to the Citizens of either of the Contracting parties, although the whole lading or any part thereof should appertain to the enemies of either, Contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons, who are on board a free ship, with this effect that although they be enemies to both or either party, they are not to be taken out of that free Ship, unless they are officers or soldiers and in the actual service of the enemies; Provided however and it is hereby agreed that the stipulations in this Article contained declaring that the flag shall cover the property, shall be understood as applying to those powers only, who recognize this principle, but if either of the two contracting parties shall be at war with a third and the other neutral, the flag of the neutral shall cover the property of enemies, whose governments acknowledge this principle and not of others. ARTICLE THIRTEENTH. It is likewise agreed that in the case, where the neutral flag of one of the contracting parties shall protect the property of the enemies of the other, by virtue of the above stipulation, it shall always be understood that the neutral property found on board such enemies' Vessels, shall be held and considered as enemies' property, and as such shall be liable to detention and confiscation, except such property as was put on board such vessel before the declaration of war, or even afterwards, if it were done without the knowledge of it, but the contracting parties agree that two months having elapsed after the declaration, their Citizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case the goods and merchandizes of the neutral embarked in such enemy's ships, shall be free ARTICLE FOURTEENTH. This liberty of Navigation and Commerce shall extend to all kinds of merchandizes excepting those only which are distinguished by the name of Contraband and under this name of Contraband or prohibited goods shall be comprehended; first, Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, rifles, Carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and granades, bombs, powder, matches, balls, and all other things belonging to the use of these arms; Secondly, Bucklers, helmets, breast plates, coats of Mail, infantry belts, and clothes made up in the form and for a military use; thirdly, Cavalry-belts, and horses with their furniture; fourthly, And generally all kinds of arms and instruments of iron, steel, brass, and copper or of any other materials, manufactured, prepared, and formed expressly to make war by sea or land. ARTICLE FIFTEENTH. All other merchandizes and things not comprehended in the articles of contraband explicitly enumerated and classified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by both the Contracting parties even to places belonging to an enemy, excepting only those places which are at that time beseiged or blocked up; And to avoid all doubt in this particular it is declared that those places only are beseiged or blockaded, which are actually attacked by a belligerent force capable of preventing the entry of the Neutral ARTICLE SIXTEENTH. The articles of Contraband before enumerated and classified which may be found in a Vessel bound for an enemy's port, shall be subject to detention and confiscation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board, articles of Contraband whenever the Master, Captain, or Supercargo of said Vessel will deliver up the Articles of Contraband to the Captor, unless the quantity of such Articles be so great and of so large a bulk, that they cannot be received on board the Capturing Ship without great inconvenience; but in this and in all other cases of just detention, the vessel detained shall be sent to the nearest convenient, and safe port for trial and judgment according to law ARTICLE SEVENTEENTH. And whereas it frequently happens that Vessels sail for a port or place belonging to an enemy without knowing that the same is beseiged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not Contraband, be confiscated unless after warning of such blockade or investment from the commanding officer of the blockading forces, she shall again attempt to enter, but she shall be permitted to go to any other port or place she shall think proper. Nor shall any Vessel of either that may have entered into such port before the same was actually beseiged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein after the reduction and surrender shall such vessel or her cargo be liable to Confiscation, but they shall be restored to the owners thereof. 76 Message of President John Quincy Adams to the House of [Extract] It will be within the recollection of the House that immediately after the close of the war of our independence a measure closely analogous to this congress of Panama was adopted by the Congress of our Confederation, and for purposes of precisely the same character. Three commissioners with plenipotentiary powers were appointed to negotiate treaties of amity, navigation, and commerce with all the principal powers of Europe. They met and resided for that purpose about one year at Paris, and the only result of their negotiations at that time was the first treaty between the United States and Prussia-memorable in the diplomatic annals of the world, and precious as a monument of the principles, in relation to commerce and maritime warfare, with which our country entered upon her career as a member of the great family of independent nations. This treaty, prepared in conformity with the instructions of the American plenipotentiaries, consecrated three fundamental principles of the foreign intercourse which the Congress of that period were desirous of establishing: First, equal reciprocity and the mutual stipulation of the privileges of the most favored nation in the commercial exchanges of peace; secondly, the abolition of private war upon the ocean, and thirdly, restrictions favorable to neutral commerce upon belligerent practices with regard to contraband of war and blockades. A painful, it may be said a calamitous, experience of more than forty years has demonstrated the deep importance of these same principles to the peace and prosperity of this nation and to the welfare of all maritime States, and has illustrated the profound wisdom with which they were assumed as cardinal points of the policy of the Union. At that time in the infancy of their political existence, under the influence of those principles of liberty and of right so congenial to the cause in which they had just fought and triumphed, they were able but to obtain the sanction of one great and philosophical, though 1Richardson, Messages and Papers of the Presidents, vol. II, pp. 329–340. absolute, sovereign in Europe to their liberal and enlightened principles. They could obtain no more. Since then a political hurricane has gone over three-fourths of the civilized portions of the earth, the desolation of which it may with confidence be expected is passing away, leaving at least the American atmosphere purified and refreshed. And now at this propitious moment the new-born nations of this hemisphere, assembling by their representatives at the isthmus between its two continents to settle the principles of their future international intercourse with other nations and with us, ask in this great exigency for our advice upon those very fundamental maxims which we from our cradle at first proclaimed and partially succeeded to introduce into the code of national law. Without recurring to that total prostration of all neutral and commercial rights which marked the progress of the late European wars, and which finally involved the United States in them, and adverting only to our political relations with these American nations, it is observable that while in all other respects those relations have been uniformly and without exception of the most friendly and mutually satisfactory character, the only causes of difference and dissension between us and them which ever have arisen originated in those never-failing fountains of discord and irritation-discriminations of commercial favor to other nations, licentious privateers, and paper blockades. I can not without doing injustice to the Republics of Buenos Ayres and Colombia forbear to acknowledge the candid and conciliatory spirit with which they have repeatedly yielded to our friendly representations and remonstrances on these subjects— in repealing discriminative laws which operated to our disadvantage and in revoking the commissions of their privateers, to which Colombia has added the magnanimity of making reparation for unlawful captures by some of her cruisers and of assenting in the midst of war to treaty stipulations favorable to neutral navigation. But the recurrence of these occasions of complaint has rendered the renewal of the discussions which result in the removal of them necessary, while in the meantime injuries are sustained by merchants and other individuals of the United States which can not be repaired, and the remedy lingers in overtaking the pernicious operation of the mischief. The settlement of general principles pervading with equal efficacy all the American States can alone put an end to these evils, and can alone be accomplished at the proposed assembly. If it be true that the noblest treaty of peace ever mentioned in history is that by which the Carthagenians were bound to abolish the practice of sacrificing their own children because it was stipulated in favor of human nature, I can not exaggerate to myself the |