Allan A Burton to William H. Seward, January 20, 1866

Mr. Burton to Mr. Seward

Sir: I have the honor to enclose the annexed papers relating to the seizure on the Magdalena river, on December 11, 1865, of the steamer Antioquia, the same mentioned in my number 213 and various previous despatches.

The stock in the company to which the Antioquia belongs is owned chiefly by citizens of the United States. After consultation with her Britannic Majesty’s chargé d’affaires, we advised Mr. Joy, the company’s agent, to address his reclamations directly to the Colombian government, which he did, but received no substantial satisfaction, except an order for the return of the boat.

The resolution to submit the question of damages to the supreme court, and to bring the wrong-doers before that tribunal for trial, though apparently fair, is simply a shift to evade responsibility.

The vessels of this company came into Colombian waters under the invitation and guarantee held out by the laws of this republic. (See papers R, S, and T, hereto attached.)

The enterprise has proved beneficial to this country, but until two years ago not profitable to their owners.

The boats carry the American flag, in accordance with the Colombian laws.

This gives some importance to the enterprise of our people and to our national name, and tends to increase the trade of our country.

Señor Vengoechea, who seized the boat, is a part owner of a rival line lately established. The boats of the rival line were accessible, and not employed at the time of the seizure. His is a Colombian company, and cannot successfully compete with that managed by Mr. Joy. There was, however, no public necessity for taking the boat, and I am satisfied that private interest was the sole cause of the act.

By the national laws this proceeding is unjustifiable under any circumstances.

The return offered by the President of Magdalena was most likely pretended. It consisted in granting the privilege to the owners to seek for and receive the boat wherever she might be found, and whatever might be her condition, instead, as would have been just, of delivering her at the company’s ship-yard in Baranquilla, or making a judicial deposit of her in case the tender was refused. The offer imposed on the company the unjust necessity of searching for her over six hundred miles of river and bayous. This would have required another boat, which the company could not spare without incurring a forfeiture by a failure to perform its mail contract, which the President well knew. His acts do not stamp with sincerity the regrets expressed in his note D.

The evasive and unsatisfactory manner in which the national government disposed of the case induces the belief that it sympathizes with the conduct of the State. This is, indeed, more than probable.

The government of Magdalena is composed of the political friends of the national administration, while the enemies whom the former was fighting are hostile to the latter also.

Before taking any action in the case, the British chargé d’affaires and I have deemed it advisable to refer it to our respective governments for instruction.

In connection with this affair, I beg to be excused for repeating what I have felt it my duty to state to the department heretofore, that summary and energetic measures alone can put an end to the constant oppressions of our citizens on the Atlantic coast. To permit the injury to be inflicted, looking to the general government for reparation, is entirely illusory.

This government is not moved by the sense of justice to render this a sufficient remedy. It is, in fact, no remedy at all.

I have the honor to be, sir, your obedient servant,

Señor Vengoechea to Mr. Joy

APPROPRIATION OF THE STEAMER ANTIOQUIA.

Sir: I had the honor to write to you from Calamar that in my character of agent of the government of Magdalena I had found myself under the painful necessity of expropriating the steamer Antioquia, belonging to the company Unida, and that Captain Maal having abandoned a cargo and national mail which was on board, I had deposited the former with the wife of Señor Arrazola and Señor Ballestas, and the latter was forwarded to its destination, together with the treasure that I found on board. I had not time then to manifest to you the reasons which I can produce in the name of the State of the Magdalena to justify the proceeding. I now do so in this letter, which will be published. The law of 1864 about steam navigation in the river Magdalena is one of many acts issued by our Congress, less to satisfy the necessities of the country than to favor some person in particular; on this account the law is unjust.

There is nothing sacred in the State of Colombia when political parties dispute for the possession of powder by force of arms. Life, liberty, and the property of citizens are at the mercy of the belligerents, who abuse more or less the power which is called force. I do not say that this ought to be so; I simply say that it is so. Nevertheless the national law has wished to withdraw the steamers navigating the Magdalena from the omnipotent power held by the parties contending under arms; and why? Here collects all that is unjust in the law.

A steamer is not more precious than any other property, and if the privilege has been granted because the general government has reserved to itself the navigation of the rivers which wash the territory of more than one State, then the law ought to have protected all description of vessels, because the canoe which is taken from the poor boga is of as much value to him as a steamer to a rich company. But as the law has not calculated the justice of the principal, the result is to-day that while the rebels in the Banco have appropriated a champan and cargo belonging to Mr. Trespalacios, without being responsible to the national government, the State of Magdalena, yet, would be responsible for the appropriation of the Antioquia if the vessel had been simply appropriated contrary to law; but it has not been so, the vessel being hostile to the government of Magdalena, and having been not only wanting in neutral obligations, but also to the intimations made by the legitimate authorities, ought to have been and has been legally taken possession of as a transport employed in the service of the enemy.

I beg of you to judge with calmness the acts which I am going to state, and which I now respectfully submit to the impartial decision of opinion, and afterwards to the national tribunals. The protection conferred by the national law on the steamers to navigate, and the rigorous prohibition of said law, necessarily implies the duty on the part of the vessels and the employés to observe the strictest neutrality in the internal contentions of the State.

It does not appear that the steam companies have occupied themselves in fulfilling this duty, and the government of Magdalena has observed with concern that since the pronunciamiento of the Banco, the steamers have been employed in the conveyance of revolutionists from various parts of the State of Bolivar to the port of Banco, and from there to many others, and that a trade has been carried on as free as it has been scandalous in the rebel port, of everything prohibited in time of war. The Antioquia, the employés of which cannot be ignorant of the melancholy history of this State, nor the unfortunate occurrences to which it is actually a victim, transported José Maria, and Manual L. Herrera, Nicholas Fuentes, and others, to a port called La Gloria, above Banco. Three or four days afterwards that village pronounced.

The employés of the Antioquia could not be ignorant that to carry on board their vessel said parties, and to disembark them at a point of the bank never frequented, was bringing the war to places of the State which had remained faithful to the government; and this act, as notorious as it is public, constitutes a case of hostility executed against a legally constituted government.

When this same vessel commenced her 55th voyage from Baranquilla last month, the governor of that province, at the request of the government of Magdalena, gave notice to Captain Maal not to take on board Lewis Capela Toledo, Sinforoso Pumarejo, and others, who, being citizens of Magdalena, were refugees in that town, and whose removal to the interior had been demanded, notwithstanding such determined prohibition. The President of Magdalena learnt with surprise that Capella Toledo, Simporoso Pumarejo, Fuentes, and the others, embarked on board the Antioquia in the port of Baranquilla, and that they disembarked in Banco in open day, and now they occupy the principal posts in the rebel army.

I seriously call your attention to the answers given by Captain Maal and Purser Jimeno, respecting these acts, in the declaration which I have the honor to enclose you a copy.

They confess that the governor of Baranquilla, Señor Ruiz, prohibited them, but they deny that any individual with the name of Lewis Capella Toledo or Sinforoso Pumarejo embarked on board the Antioquia, on the production of the list of passengers, these two names are not found, but the names of Lucio Castro Tomperalta i Salustiano Pinillos are noted, the initials of which correspond with those of these gentlemen.

The captain declares that he does not know Capella Toledo, nor Pumarejo, but confesses that he spoke to them to notify them that they could not go on board, which is an irritating contradiction that he has committed.

In his town the purser finds a difficulty in declaring under oath that he does not know Capella nor Pumarejo, and that he did see them on board during the voyage, nor did he know then or afterwards that they had gone to the Banco in the Antioquia; but the public fact, manifest and affirmed by a thousand declarations, is, that Lucio Capella Toledo and Sinforoso Pumarejo went up in the steamer Antioquia and landed at Banco at 12. 45 p. m. of the 20th of November.

This is not simple hostility; this is war, and Magdalena has a right to seize all vessels which ought to be neutral, but are occupied in making war against it. This right, I say, will be explained by the national tribunals, to which the government of Magdalena will appeal, claiming the confiscation of the vessel for the violation of international law, which I believe will be applicable in this case.

From the moment that I received the declarations of Captain Maal and Purser Jimeno, and knowing, as I know positivly, that Captain Toledo and Pumarejo went to Banco on board the Antioquia, I did not vacillate an instant in placing the vessel in the service of the government, notwithstanding the respect that a citizen of my position ought to have for every law, just or unjust, and likewise in spite of considerations concerning me personally, which may cause the belief that I have adopted this measure from a mercantile spirit.

I firmly believe that the employés of the Antioquia have compromised the neutrality of the vessel, that they have made themselves accomplices and aiders of the rebels, and that the government, in reprisal, has done right in seizing the vessel.

If I am mistaken, let the judicial power, whose duty it is to resolve, declare so.

In that case, the government of Magdalena will religiously pay what may be due for the use of the vessel, and for the damages which may have been occasioned; and to be prepared in every case.

I have received from Captain Maal the vessel and all its stores, by a rigorous inventory, and the vessel will be valued as soon as it arrives at a place where competent persons can be found.

Such are, sir, the reasons upon which I dictated the decree of the 11th instant, an authorized copy of which I gave to Captain Maal.

I remain sir,

List of shareholders in La Compania Unida.

Compania Unida de Navigacion por Vapor en el Rio Magdalena, Baranquilla, December 16, 1865.

UNITED STATES OF AMERICA.
McLean and Lutz	$63,500
J. Reed, Jr	29,000
P. F. W. Peck	15,000
Allen Hay	6,000
Jewell Harrison & Co.	3,200
Cary, Howard & Co.	5,500
T. Clark	500
W. S. Bancroft	2,500
Juan Cade Mier	37,300
		$162,500
BRITISH.
R. N. Jay	84,700
A. & S. Harvy & Co	39,000
P. O. Robertson	1,200
A. Gregory	2,000
S. J. Gower	1,100
		128,000
HAMBURG.
C. W. Suminoced	17,500
Senior Harver	5,000
		22,500
COLOMBIA.
Alryan	$1,000
Nicolas Junius Collarte	4,000
		$5,000
Eranados Garcia	40,700
Tr. P. A. Cataño, Colombia	1,300
		42,000
		360,000

R. A. JOY, Financial Agent.

I solemnly swear that the statements of these papers are true.

[Translation.]

In the city of Baranquilla, at 2 o’clock in the afternoon of the 13th of December, 1865, appeared before me and the after mentioned witness Christian A. Maal, of this place, of age, and captain of the steamer Antioquia, belonging to La Compania Unida de Navigacion por Vapor en el Rio Magdalena, and said: That, in consequence of having been detained in a downward trip of his vessel by the authorities of the State of Magdalena on the 10th instant, duly to record the occurrences, he made on board the following protests, in the order in which the events took place, as follows:

The 10th day of December, 1865, I, Christian A. Maal, captain of the North American steamer called Antioquia, declare that having left Nare the 7th instant, with the national mail, cargo, and passengers, bound to Baranquilla and intermediate places. I have navigated with complete success, delivering the mail, cargo, and passengers at their proper destinations, up to this date, when, at 3.35 p. m., in a place called Cotore I met a bungo of war, which fired a gun obliging me to arrest the progress of the vessel; that I had scarcely stopped the engines when said vessel came alongside, and the commander told me that, by order of the delegate of the executive power of the State of Magdalena, he had to keep guard over the steamer until he met the said delegate, who was coming with the remainder of the flotilla, and that in case of refusing to obey this order, he would make use of the force at his command, the gunner being in position with lighted match at the foot of the gun in the bow of the vessel, pointed at the steamer; that a few moments later another armed vessel arrived, presented itself, and also came alongside of the steamer; and that a citizen with the title of commander, who said his name was Ramon Valencia, made me the same intimation as the first vessel; I resolved to let the steamer drift down the river, without using the engines, so as to satisfy the arbitrary orders of these two chiefs. That continuing in this way until 4.50 p. m., I met five more armed vessels, aboard of one of which came General Manuel Campo Rodriguez, who ordered me immediately to make for the bank and to fasten the steamer; at this arbitrary order I demanded of General Campo in what character he made the exaction; the only answer he gave me was, that he was the representative of the delegate of the executive power of Magdalena. To this answer I told General Campo that by his proceedings he violated, in the first place, the law passed by the Congress of the United States of Colombia on the 19th of May, 1864; second, that he violated a foreign property by detaining it in its progress and making it come to at a part of the river where the vessel, as well as the cargo, was exposed to great danger; and lastly, that steamer is in the service of the national government, the mail being on board; and that for these motives General Campo has no legal right to detain the vessel without exposing himself to the responsibilities which may supervene. I also observed that if I continued my voyage what would be the result. He answered that he would use the forces, consisting of the seven vessels before mentioned, and that the steamer must remain until the arrival of the delegate of the executive power, who was distant about three leagues. I protest, therefore, once, twice, thrice, or as many more times as may be necessary, against said forced detention, for the delay of the national mail, the damages and losses that may happen to the vessel and cargo, making responsible General Campo and whoever orders him, freeing myself from responsibility; also the agents and owners of the steamer. In proof of the truth of what I state, the following officers and passengers sign with me: C. A. Maal, captain; J. Jimeno, purser; James McKeon, engineer; Lorenzo T. Matos, pasajero; Justiniano Lemus; Crespulo A. Caballero; Edo. Soto; Manuel Lascano.

Day the eleventh, at half past one, Mr. Manuel Vengoechea presented himself on board and informed me that he was the delegate of the executive power of Magdalena, and that the orders executed by General Campo Rodriguez on board the steamer came from him; he ordered me to give a declaration, which accompanies this; the same happened with the purser, whose declaration is also attached. After this, Mr. Vengoechea notified me that I must take the steamer up the river to carry his troops, which I excused myself from doing, manifesting that the instructions of the Compania Unida, my being a foreigner and commanding this steamer, foreign property, prohibited me from transporting troops or towing vessels of war, and absolutely to mix myself up with the political affairs of the country; moreover, that the steamer could not retrograde, as she was in the service of the nation. To these manifestations Mr. Vengoechea answered that he should appropriate the vessel, and immediately ordered troops on board to take possession of the vessel. He then sent for the engineer, and had a conference with him; after which the engineer came to me and told me that Mr. Vengoechea told him he had appropriated the vessel, and proposed for him to take charge of the engines in his capacity of engineer, which he flatly refused, he being a foreigner, and unable to take part in the political questions of the country; the same resulted with all the rest of the crew, they not wishing to take part in the questions of any State but their own. At three o’clock in the morning the mate informed me that the vessel was making a good deal of water, so much that the pumps could not be left for a single moment. My opinion about this is, that the vessel suffered on being brought to at this place.

At four o’clock in the morning Mr. Vengoechea notified me that I was deprived of my functions, and that I ought to make a complete abandonment of the vessel, cargo, &c., which I did. In the act, therefore, I protest once, twice, and thrice, and as many more times as necessary by law, of this act of violence against the delegate of the executive power of the State of Magdalena, and against whoever it may be necessary, for the damages, losses, excesses, and deterioration that may happen to this vessel, covering my responsibility and that of the agents and owners of the vessel; and in proof of the truth of this statement the following officers and passengers sign with me: C. A. Maal, J. Jimeno, purser; James McKeon, engineer; Justiniano Lemus, Crespulo A Caballero, Lorenzo T. Matos.

Edo. Soto, Manuel Lascano, and Mr. Maal declared that after the before-mentioned proceedings, Mr. Vengoechea dictated a decree, of which he gave him a copy, and which says thus:

Decree of the 11th of December, 1865, appropriating the use of the steamer Antioquia.

The special delegate of the president of the sovereign State of Magdalena, exercising his powers and considering, first, that the steamer Antioquia has carried to the Banco, a place occupied by rebels against the State, sundry rebels, such as José Maria, Manuel Luis Herrera, Luis C. Toledo, Francisco Meza, Sinforoso Pumajero, and others. Second, that the legitimate government of the sovereign State of Magdalena is aware that the governor of the province of Baranquilla, in the sovereign State of Bolivar, ordered the captain of the vessel called Antioquia, Mr. C. A. Maal, not to receive on board of his vessel Luis C. Toledo and Sinforoso Pumajero, and that, notwithstanding, said individuals were carried to the Banco on board said vessel. Third, that the before-mentioned acts in the preceding consideration constitute a breach of the neutrality which ought to have been observed by the captain of the steamer Antioquia with the legitimate government of the sovereign State of Magdalena, which makes him responsible to the law. Fourth, that the said government requires the services of a steamer in Magdalena.

DECREE.

Article 1. Appropriate the services of the steamer Antioquia, for account of the sovereign State of Magdalena, for all the time that she may be required.

Article 2. Receive the said vessel by rigorous inventory, have examined the state in which she is, and let the appraisers, who will be named, value her. The same appraisers will also value the provisions and other things belonging to the vessel.

Article 3. In due time, the value of the service to be rendered, or which has been rendered shall be agreed upon, and, in case of disagreement between the contracting parties, a valuing appraiser shall be appointed.

Article 4. Communicate the present decree to the citizen president of the sovereign State of Magdalena, as likewise to the captain of the vessel appropriated.

Given in Guaguieri, a place belonging to the sovereign State of Magdalena, on the 11th of December, 1865.

MANUEL VENGOECHEA.

Nicholas Mendoza, Secretary.

This is a copy granted to Captain C. A. Maal.

NICHOLAS MENDOZA, Secretary.

And Mr. Maal, in continuation, declares that after the occurrences related, and the vessel taken possession of by force, without the intervention of the employés of the vessel, she was taken to Calamar, a district corresponding to the State of Bolivar, in which port the exponent made the following protest:

In the district of Calamar, on the 11th of December, 1865, before me, secretary of the municipal council, charged with the functions of notary public, Christian A. Maal, captain of the North American steamer called the Antioquia, said that having left Nare the 7th instant with the national mail, cargo and passengers, bound to Baranquilla, and intermediate places, I have navigated with complete success, delivering the mail, cargo, and passengers at their proper destinations, up to this day, when, at 3.35 p. m., in a place called Cotore, I met a bungo of war, which fired a gun, obliging me to arrest the progress of the vessel; that I had scarcely stopped the engines when said vessel came alongside, and the commander told me that, by order of the delegate of the executive power of the State of Magdalena, he had to keep guard over the steamer until he met the said delegate, who was coming with the remainder of the flotilla, and that in case of refusing to obey this order he would make use of the force at his command, the gunner being in position with lighted match at the foot of the gun, in the bow of the vessel, pointed at the steamer; that a few minutes later another armed vessel presented itself and came alongside of the steamer, and that a citizen with the title of commander, who said his name was Ramon Valencia, made me the same intimation as the first vessel.

I resolved to let the steamer drift down the river without using the engines, so as to satisfy the arbitrary orders of those two chiefs. That continuing in this way until 4.50 p. m. I met five more armed vessels, aboard of one of which came General Manuel Campo Rodriguez, who ordered me immediately to make for the bank, and to fasten the steamer. At this arbitrary order I demanded of General Campo in what character he made the exaction. The only answer he gave me was that he was the representative of the delegate of the executive power of Magdalena. To this answer I told General Campo that by his proceedings he violated in the first place, the law passed by the congress of the United States of Colombia on the 19th of May, 1864; second, that he violated a foreign property, detaining in its progress and making it come to at a part of the river where the vessel as well as the cargo was exposed to great danger; and lastly, that the steamer is in the service of the national government, the mail being on board, and that for these motives General Campo has no legal right to detain the vessel without exposing himself to the responsibilities which may supervene. I also observed that, if I continued my voyage, what would be the result? He answered that he would use the force, consisting of the seven vessels before mentioned, and that the steamer must remain until the arrival of the delegate of the executive power, who was distant about three leagues. I protest, therefore, once, twice, and thrice, or as many more as may be necessary against said forced detention, for the delay of the national mails, the damages and losses that may happen to the vessel and cargo, making responsible General Campo and whoever orders him, freeing myself from responsibility, also the agents and owners of the steamer. In proof of the truth of what I state, the following officers and passengers sign with me: C. A. Maal, captain; J. Jimeno, purser; James McKeon, engineer; Lorenzo T. Matos, pasajer; Justiniano Lemus, Crespulo A. Caballero, Edo. Soto, Manuel Lascano.

Day the eleventh, at half past one, Mr. Manuel Vengoechea presented himself on board and informed me that he was the delegate of the executive power of Magdalena, and that the orders executed by General Campo Rodriguez on board this steamer came from him. He ordered me to give a declaration, which accompanies this. The same happened with the purser, whose declaration is also attached. After this, Mr. Vengoechea notified me that I must take the steamer up the river to carry his troops, which I excused myself from doing, manifesting that the instructions of the Compania Unida, my being a foreigner, commanding this steamer, foreign property, prohibited me from transporting troops, or towing vessels of war, and absolutely to mix myself up with the political affairs of the country; moreover, that the steamer could not retrograde, as she was in the service of the nation. To these manifestations Mr. Vengoechea answered that he should appropriate the vessel, and immediately ordered troops on board to take possession of the vessel. He then sent for the engineer, and had a conference with him; after which the engineer came to me and told me that Mr. Vengoechea told him he had appropriated the vessel, and proposed for him to take charge of the engines in his capacity of engineer, which he flatly refused, being a foreigner, and not able to take part in the political questions of the country. The same resulted with all the rest of the crew, they not wishing to take part in the questions of any state but their own. At 3 o’clock in the morning the mate informed me that the vessel was making a good deal of water, so much that the pumps could not be left for a single moment. I immediately went to examine the holds, but it was impossible to discover the damage, on account of the hold being completely full of cargo; and my opinion about this is that the vessel suffered in being brought to in this bad bank of the river. At 4 o’clock in the morning Mr. Vengoechea notified me that I was deprived of my functions, and that I ought to make a complete abandonment of the vessel, and remain on board under arrest The cargo, which against my will I was obliged to abandon, consisted of one thousand seven hundred and forty-nine packages of produce of the country, four packages containing six thousand four hundred hard dollars, one package with two thousand two hundred dollars of eighty cents; one package with four hundred dollars in gold and silver, a horse, and the national mail, consisting of eight packages for Calamar, seven for Baranquilla; one more box of specie weighing fifty-nine kilogrammes, five hundred grammes, one box weighing four and a half ounces, and nine packages for Santa Martha, as proved by the bills of lading and mail bills in his possession, and which will be presented when necessary; and to avoid the vexations and heavy prejudices unknown to such base persons, who only act as pirates, protest once, twice, thrice, and as many more times as the law requires, against Mr. Manuel Vengoechea, delegate of the executive power of the State of Magdelena, and against whoever besides necessary, for the damages, prejudices, delays, and deteriorations that may happen to the vessel, and by the same keeping open, harmless, and in force and vigor, all actions pertaining to the same, to use them before whom, when and where it may be convenient in testimony of which, and having paid the register duty, as proved by the receipt, which literally is as follows;

District Collector of Taxes.—Mr. Christian A. Maal, captain of the North Americn steamer, named Antioquia, has paid to this office two lawful dollars for the register duty of a protest which he is going to make against Mr. Manuel Vengoechea, delegate of the executive power of the State of Magdalena, and whoever else it may be convenient for the damages, prejudices, delays, and deterioration which maybe suffered by the above-mentioned steamer on account of its violent dispossession. Calamar, eleventh of December, 1865.

And the grantor, who, I, the undersigned, secretary of the municipal council, exercising the functions of notary public, declare that I know, and thus it is executed in this district in proof of which the witnesses, Rafael Ballestas and José Ramon de Zuñiga, in presence of James McKeon, engineer, and purser Joseph Collante, before me, who certifies: The captain of the steamer Antioquia, C. A. Maal, the engineer, James McKeon, Joseph Jimeno, purser, witnesses, José Ramon de Zuñiga and Rafael Ballestas, Domingo L. Alvarez and to furnish the party interested with a copy, I issue the present in five written pages, the margins of which are rubricated, and this I sign in Calamar the eleventh day of December, 1865, the original remaining in the archives under my charge.

D. L. ALVAREZ.

Mr. Maal further said that in amplification of the inserted protests, and to duly place on record, he must state that the cargo on board the vessel, and which he has spoken of before, belonged to the persons which he is going to mention.

J. C. R B., two packages, embarked in Naré by Alejandro Duque to deliver in Baranquilla to Pedro Furgusson.

[E. B. C] 136 packages shipped in Naré by Salazar and Alviar, and consigned to J, A. Mier, Baranquilla.

[U. H.] 212 Honda, J. H. Jenney to J. A. Mier, Baranquilla.

[M. H.] 12 Honda, C. H. Jenning to P. Furgusson, Baranquilla.

[T. H.] 73 Honda, Miguel Pez to Julian Ponce, Baranquilla.

N. T. 2 Caracoli, Nicolas Tok to N. Tok, Baranquilla.

A. R. 6 Caracoli, J. J. Saitan to Anto de la Rosa, Baranquilla.

C. 4 Caracoli, C. Maal to Peoro Ossio, Baranquilla.

Ribon & Munez, 1, $4,000 Caracoli, J. H. Jenney, P. W. Peterson, Baranquilla.

A. M. 2 Caracoli, Pedro Pena to Anselmo Miranda, Baranquilla.

M. D & C. J. Caracoli, M. Dietelzway, & Co., J. A. Deitelzway, Baranquilla.

(No mark.)2, $1,990 Caracoli, Vengoechea, Hs. Vengoechea, Sopria, & Co., Baranquilla.

M. D & C. 1, $2,200 Caracoli, M. Dietelzway & Co. to H. H. Simmonds, Baranquilla.

1 [SD] 55 Caracoli, B. Martinez, J. M. G. Ribon, Mompos.

2 T. 32 Caracoli, B. Martinez, Ribon & Jimenz, Mompos.

S. 12 Caracoli, B. Martinez, J. J. Seloa, Mompos.

J. M. P. 4 Caracoli, J. H. Jenney, J. McPemra, Mompos.

[M. T.] B. 79 Caracoli Rodriquez, Ugaile & Co., A. Malo, Mompos.

S. R Benedict 1 Caracoli, Samper & Co., J. Arazola Mealo, Mompos.

J. F. P. V. 5 Caracoli, Savalle Hs,, J. Arazola Mealo, Calamar.

M. 10 Pueti Nacional, M. Sarcano N. Salzede, Calamar.

L. M. C. 7 Pueti Nacional, M. Sarcano, M. Sascaro, Calamar.

M. H. 25 Pueti Nacional, V. & L. Matos, V. & L. Matos, Calamar.

M. M. T. 136 Pueti Nacional, Julian Antiana, J. Helier & Co., Calamar.

Q. C. 4 Pueti Nacional, T. T. Exharez, J. A. delr. Resa, Calamar.

F [C] [C] [C.] Pueti Nacional, T. H. Hoyer, Chapman & Martinez, Calamar.

A. A. La. 4 Pueti Nacional, A. Aruninta, Suiz Aruninta, Baranquilla.

[V.] 2 Pueti Nacional B. R. Surds, M. M. Yueto. Baranquilla.

M. 2A. 68 Pueti Nacional, B. R. Surds. J. A. Mier. Baranquilla.

J. Q. 44 Pueti Nacional, B. R. Surds. J. A. Mier Baranquilla.

D. L. 18 Pueti Nacional, B. R. Surds, Isabel Nichols de R., Mompos.

J. C. P. 143 Pueti Nacional, Julian Augusta, J. M. G. Ribon, Mompos.

F. Stacy. 1, $1,000 Mipos, De la Torre Hijo, F. Stacy, Baranquilla.

P. A. Mier. 1 $3,500, Mipos, Salome Lopez. J. A. Mier, Baranquilla.

Anto Paz, 1, $1,000 Mipos, De la Torre Hijos, Anto Paz, Baranquilla.

T. J32 Zambrano, Anto Paz, A. P. Summonds, Baranquilla.

H. H. H. 3 Zambrano, R. Mendazo, C. H. Simmonds, Baranquilla.

(IIII J) [o] 1c. 36 Pablo, Roncalto Andres, E. Mantilla, Baranquilla.

¿ ¿ ¿. 52 Pablo——Julio Hoenningsberg.

[J.C.](J. C.) 18 Pablo, C. Isaac & Co.

O.O. 1c& 110 Pablo, Sundheim & Co.

[S] 1c. 40 Pablo, A. J. Senior.

C. H. H. 144 Pablo, C.H. Simmonds.

D & J. 48 Pablo, Dumonille & Wessels.

[H. H.] &c. C. 45 Pablo, Estevan Marquez.

1 horse. Pablo, Nichols Mejo.

S. S. [II. II.] 134 Pablo, Acpli, Grasmeyer & Co.

[B] J. &c. Pablo, Roncalto. C. H. Simmonds.

[A. G & C. ] &c. 104 Pablo, Acpli, Grasmeyer & Co.

Mr. Maal further said that, at the time of quoting the law protecting the navigation, he committed an error in giving the date of the 19th of May, instead of that of its sanction, which was the 25th of May, 1864. He now mentions it to rectify the error, that although in his protest, made on board the 11th of December, he said that he presented the declarations that were given by him and the purser of the vessel, he could not obtain them, as when he asked for them, they were not granted, and, reiterating his protest against the functionaries and public employés of the sovereign State of Magdalena against the government of the United States of Colombia, to which the State is dependent, and against whoever else it may suit, that the damages and delays suffered, and that may occur, shall not be charged to him, but to the aforesaid as the only parties responsible for the acts, so he declared. The register duty was paid, as stated by the account here copied, as follows:

Done before me, registered in the book of public documents in my charge, under the No. 294, to which I refer; and to give the party interested a copy, I have issued the present in 13 pages of paper, the margins rubricated; and here I sign, in Baranquilla, the 14th day of December, 1865.

JOSÉ MARIE LASCANO, Notary Public.

Provincial Office of Registry and Annotation of Mortgages.

Registered at folio thirty-one, (31,) in the book of registers for this year, under the number two hundred and ten. Baranquilla, December 15, 1865.

FULJENCIO GAMLEIN.

Administration of Finance.

Mr. Christian A. Maal has paid two dollars for register duty of a protest which he is going to amplify as captain of the steamer Antioquia. ($2.)

Baranquilla, December 13, 1865.

Tiberio C. Aranjo and the grantor, who I, notary public, certify is known to me, thus protested and reclaimed, and calling upon me to bear witness that he so made and affirmed, before me with the witnesses Atitano Concha and Juan B. Munez, neighbors present.

C. A. MAAL.

ATITANO CONCHA.

JUAN B. MUNEZ.

JOSÉ MARIE LASCANO, Notary Public.

Government of the Province, Baranquilla, December, 15, 1865.

I certify that the signatures of J. M. Lascano, notary public, and Fulyencio Gamlein, registrar, are by them and the same as they always use in their official acts.

[Translation.]

SWORN DEPOSITIONS OF THE PASSENGERS WHO WERE ON BOARD THE STEAMER ANTIOQUIA AT THE TIME OF HER APPROPRIATION.

To the Judge of the Province:

R. A. Joy, of this neighborhood, before you in legal form states: That you will be pleased to summon Messrs. Lorenzo J. Matos, Edward Soto, Crespulo A. Caballero, Manuel Lascano, and Justiniano Lemus, passengers on board the steamer Antioquia, en route for this place, that they may, under oath and its penalties, declare to the following:

First. If they know me personally; their ages, and other qualities of law.

Second. Let them all declare all they know, and are aware of, about the appropriation of the undermentioned steamer Antioquia; in what manner it took place; if it was or not by means of force; what expressions did Mr. Vengoechea make use of at the time of consummating the act, and everything else relating to that event. When done, I hope you will deliver me the depositions in original, to make the use of them that may suit me.

Baranquilla, December 13, 1865.

R. A. JOY.

Presented the same date and place for despatch.

LASCANO.

Tribunal of the Province, Baranquilla, December 13, 1865.

Asked, and in consequence summons the witnesses named for to-morrow’s session. Notify—Luna.

LASCANO.

The same day I notified R. A. Joy in his house, who signs Joy.

LASCANO.

The same day I issued the summons for the witnesses.

LASCANO.

The 14th day of the same month appeared Lorenzo J. Matos and the judge before me received the oath, which was given in legal form, under which, after having read the articles of the penal law, he offered to say the truth in what he knew, and what might be asked of him, and being according to the proceedings interrogated:

To the first question he answered, that he knew Robert A. Joy, over age, and was not comprised in the generalities of the law.

To the second he answered, that being a passenger on board the steamer Antioquia from the Puerto Nacional, on the passage of the steamer by a bank of the river, which he heard called Cotore, a war bongo, which came out from near these banks, advanced on the steamer, and fired a gun. The captain immediately ordered the engines to be stopped; that after a minute the bongo came alongside, and the commander communicated with the captain. He indicated that he should detain the steamer, and continue slowly until he should meet General Campo Rodriguez, who was coming in another war bongo; that effectively the vessel went slowly until she arrived at a part called Guaquiri; that at that point the vessel was detained and made fast by Manuel Campo Rodriguez, who arrived with an armed force, and, if I do not mistake, with four or five war bangos; that after the vessel was made fast, the captain thought he would continue his voyage, arguing that he carried the national mail; but Campo stopped him, saying, that if he moved the steamer he would make use of his force; that he must await the arrival of the delegate of the executive power of the State of Magdalena, Manuel Vengoechea; that they were in that place until three o’clock in the morning, when Vengoechea arrived, and after having taken a declaration, both from the captain and purser, and having exacted from the captain the presentation of the list of passengers that were on board, and the correspondence extra postal, he told the captain that he would have to go with him to Plato to carry his forces to that point; that the captain resisted; that after much persuasion on the part of Vengoechea, seeing that the captain would not accede, he said in a grave tone that he was going to dictate a decree appropriating the vessel; that the captain told him to do as he pleased, making use of force; that Vengoechea urged the captain and purser to remain in the vessel; that both of them resisted; that the same proposition he made to the engineer and pilot, and that they also resisted; that this happened about half-past four in the morning; that Vengoechea said he would wait for daylight to proceed to Calamar, and there deposit the cargo which was on board the steamer Antioquia; that in fact such was the case; then at six o’clock the steamer left that place; that after a few hours of navigation down stream, they arrived at Calamar, where the passengers were disembarked; that afterwards he heard say that the cargo would be deposited in several houses of that place; that, actually, when the deponent left in a canoe, which he had to do to reach this city, they had already deposited a good deal of the cargo in the house of José Arazola Malo; that this is all that he remembers about the occurence, which he affirms and ratifies, after having read it. He declared his name to be as stated, and signed after the judge, before me, the secretary.

EULALIO LUNA.

LORENZO J. MATOS.

MANUEL MARIÉ LASCANO, Secretary.

Then, following, appeared Crispulo A. Caballero, the judge, before me; administered the oath according to law, &c., &c.

To the first question he answered, that he did not know Robert A. Joy, twenty-six years of age.

To the second he answered, that coming passenger in the steamer Antioquia, he witnessed the appropriation made of that vessel by Manuel Vengoechea, which happened as follows: That in the part of the river called Cotore, first, a bongo of war presented itself, intimating to the captain that he was not to pass without stopping where General Campo was situated, he being at a short distance; in effect, so he had to do by intimation of this second force; that when the vessel had approached the side of the river, he ordered her to be made fast and detained, by order of the delegate of the executive power, who arrived afterwards, and told the captain to be so kind as to lend him the vessel to go higher up; that the captain refused, giving his reasons, and that then he proceeded to appropriate the vessel; that they took the vessel to Calamar; and that then deponent witnessed the commencement of the discharge of the same; and that while occupied in the unloading, he came away in a canoe to this port.

That this is the truth, which he affirms and ratifies after having read it; declared his name to be as written, and signs after the judge, in my presence.

EULALIO LUNA.

CRISPULO A. CABALLERO.

MANUEL MARIA LASCANO, Secretary.

Then followed Dr. Edward Soto. The judge received his oath in due form, &c., &c.

To the first question he answered that he did not know Robert A. Joy, over age.

To the second he answered, that being a passenger on board the steamer Antioquia; that about three o’clock in the afternoon of the 10th of December, in a place which is said to be called Cotore, the deponent heard the report of a gun, which called his attention; that shortly afterwards a war bongo presented itself, with several soldiers and a colonel, who intimated to the captain to continue with the steamer until he met Mr. Vengoechea, delegate of the executive power of the State of Magdalena; that about five o’clock, at a place called Guaquiri, they met other war bongos, with a chief said to be called Campo Rodriguez; that this person made the vessel approach, and detained her till the arrival of the delegate, who appeared about twelve o’clock at night; that the delegate and others had a conference with the captain; said conference resulted in the appropriation of the vessel; that from that hour Campo Rodriguez remained in command of the vessel, he telling the deponent that he understood seamanship; that in the morning of the following day he left there for Calamar; that a few hours afterwards they arrived; that in the act the deponent took a canoe and came into this port.

That this statement is true, which he affirms and ratifies, declares his name to be as stated, resident of Caracas, passing by this city, and signs after the judge in my presence.

EULALIO LUNA.

EDWARD SOTO.

MANUEL MARIÉ LASCANO, Secretary.

On the 15th of the same appeared Manuel Lascano. The judge received his oath in due form, &c., &c.

To the first question he answered that he knew Robert A. Joy: he was over age, and not comprised in the generalities of law. To the second he answered that coming passenger from the Puerto Nacional, on board of the steamer Antioquia, passing by a place called Cotore, from there a bongo of war came out and advanced on the steamer and discharged a gun; that the captain, C. A. Maal, immediately had the engines stopped: the bongo having advanced and placed itself within speaking distance, the commander of the bongo told Captain Maal to detain the vessel or to take him in tow until he met General Manuel Campo Rodriguez; the captain answered he would not respond if the war bongo was swamped; that then the commander of the bongo warned him to go slowly until he met said General; that the vessel continued slowly until it arrived at a place callad Guaquiri; that at that place it was detained and made fast by General Campo Rodriguez, who arrived with a party of soldiers and bongos; that notwithstanding the manifestations of the captain that the vessel was very much loaded and might run into danger, coming to in that unknown part, he was ordered to do so, and had to come to; that, after the vessel was made fast, the captain thought of continuing his voyage, arguing that the vessel belonged to an American company, that the national mail was on board, and that actually she was in a national highway; but his departure was impeded, telling him that he must await the arrival of the delegate of the executive power of the State of Magdalena, Mr. Manuel Vengoechea, and that he, as chief of the force, was going to comply with a superior order by detaining the vessel; that in that place they were detained until about three o’clock in the morning of the 11th instant, when Vengoechea arrived, and after having taken declarations from the captain and purser, and having exacted from the captain the presentation of the list of passengers and the correspondence he had extra-postal, that then he told the captain he would have to go with him to Plato to carry his forces to that point; that the captain resisted; that after many offers and importunities, seeing that Captain Maal would not accede to anything, the delegate said in a grave tone that he was going to dictate a decree appropriating the vessel; that the captain told him he could do as he pleased by using force; that Vengoechea urged the captain to remain in the vessel, as likewise the other officers and pilots of the vessel, and all of them resisted; this happened about half past four in the morning; that Vengochea said he waited for the morning to proceed to Calamar and deposit the cargo that the Antioquia had on board; that so it happened, that at six o’clock she left, and in a few hours’ navigation she arrived at Calamar, where they landed the passengers, captain, purser, and engineers; that afterwards he heard say that the cargo would be deposited in various houses of that place; that when the deponent left in a canoe, which he had to do to come to this city, they had already deposited part of the cargo in the house of José Arazola Malo; that the greater part of what he had stated in this declaration is contained in a protest which Captain Maal made on board of the steamer, which is signed by all the passengers; that this is what he remembers about the affair and which he affirms and ratifies after having read it; declared his name to be as stated; signs after the judge, before me.

EULALIO LUNA.

MANUEL LASCANO, Secretary.

Baranquilla, December 15, 1865.

To the Judge:

Having been informed by persons of veracity that the witness Justiniano Lemus is away from this place, having left for Santa Marta immediately he arrived here, I inform you of it for the corresponding measure.

M. M. LASCANO.

Provincial Courts, Baranquilla, December 15, 1865.

Report noted; deliver this attestation to the party.

LUNA.

LASCANO, Secretary.

The same day notified R. A. Joy.

LASCANO.

Then delivered these depositions to the party interested.

Provincial Government, Baranquilla, December 15, 1865.

I do hereby certify that the signatures above written, Eulalio Luna, provincial judge, and Manuel Marié Lascano, secretary, are their writing, and the same as they are accustomed to use in all their official acts.

JUAN DE LA C. RUIZ.

Gregorio J. Aragon, Secretary.

Consulate of the United States of America for Sabanilla.

I, the undersigned, consul of the United States of America for Sabanilla, do hereby certify that the foregoing signatures are those of Juan de la C. Ruiz, governor of the province, and Gregorio J. Aragon, government secretary; that they are the same as they are accustomed to use in all their official transactions, and as such are worthy of full faith and credit.

Given under my hand and the seal of this consulate at the city of Baranquilla, this — day of December, 1865.

Depositions of Captain Maal, Purser J. Jimeno, and Engineer James McKeon.

To the Provincial Judge:

R. A. Joy, of this city, before you with respect says: that you will be pleased to summon before you C. A. Maal, captain, José Jimeno Collante, purser, and James McKeon, engineer of the steamer Antioquia, that they may, under oath and the penalties attached thereto, declare to the following:

First. For their personal knowledge of me, their ages, and the other generalities of the law.

Second. The first witness to declare the State in which the hull and all other things belonging to it were in when it was appropriated by Mr. Manuel Vengoechea, in what place the act was consummated, in which State, and what expressions Manuel Vengoechea made use of.

Third. The third witness to declare in what condition were the engines, boilers, and everything pertaining to them when the above mentioned steamer was appropriated by Manuel Vengoechea, special delegate of the citizen President of the State of Magdalena; let him declare, as well as José Jimeno, the expressions made use of by Mr. Vengoechea, and everything else they know about the affair. When done, I hope the originals will be returned to me to make such use of as may suit my purposes.

R. A. JOY.

Baranquilla, December 13, 1865.

Presented same date and placed for despatch.

LASCANO.

Provincial Court, Baranquilla, December 13, 1865.

According to petition, therefore, summon the witness named.

Notify—Luna.

LASCANO.

The same day notified R. A. Joy in his house.

LASCANO.

The same day the summonses were issued.

LASCANO.

The 14th of the same month appeared José Jimeno.

The judge in my presence administered the oath in due form, &c.

To the first question he answered, that he knows R. A. Joy; he is twenty-one years of age, and that he is not comprised in the generalities of the law.

To the fourth question, as the others do not apply to him, he answered, that on the night of the 10th instant the steamer Antioquia was detained in a place called Guaquiri by the forces of the government of Magdalena; that the Antioquia was returning from Nare to this city, as a mail steamer; that at half past one of the following morning Manuel Vengoechea with a train of officers came on board, declaring himself to be the special delegate of the executive power of the State of Magdalena, and that in such character he commenced by exacting from the deponent, as purser of the steamer, the private correspondence that he had; that after this he took sworn declarations from the captain of the vessel, C. A. Maal, and the deponent, in the investigation of the truth of the conveyance on board of the vessel on her upward trip of Luis Capella Toledo, Sinforos Pumarejo, Nicolas Fuentes, and other officers; notwithstanding the impediments made by the governor of the province, that after this the said Vengoechea demanded the correspondence which had been taken at Banco, as part of the national mail, which deponent refused: that then followed a private conference between Vengoechea and the captain, and after that he said publicly that he required him to convey his troops to Plato, which the captain refused to do: that then Vengoechea proceeded to the appropriation of the vessel, which he did appropriate by the introduction of troops on board, informing th captain that he and all the employés were displaced from their employs, and ordered the arrest of the captain and the deponent on board of the vessel; that after this Vengoechea ordered the vessel to be taken to Calamar, obliging by force the engineer’s assistant and the pilot to take her there; that on leaving Guaquiri the deponent observed that the departure of the vessel was with great difficulty appearing to be impeded by some invisible object; that, after the arrival at Calamar, Vengoechea obliged the captain and engineer to leave the vessel and proceeded to land the cargo, previously having required the deponent to deliver it, which he refused to do; that Vengoechea allowed deponent to go ashore, under oath not to leave the place; that he required him to deliver the mail, which he also refused; that in Guaquiri, at the time of taking the declarations, the mate presented himself to report to the captain that the vessel was making more water than ordinarily; that the deponent was not informed till mid-day that he was at liberty; that after two hours, he presented, by order of the captain, the inventory of the vessel to Vengoechea, which, after satisfying himself that it was correct, he signed and returned; that then the vessel left that port for down stream; that this statement is true, which he affirms and ratifies, after having read it, said he is called, as put down, twenty-one years of age, a resident of this place, and signs before me, after the judge.

EULALIO LUNA.

J. JIMENO.

MANUEL M. LASCANO, Secretary.

Then appeared C. A. Maal.

The judge administered the oath in my presence in due form, &c.

To the first question he answered that he knows R. A. Joy; that he is of age, and not comprised in the generalities of the law. To the second, he answered that the steamer was in good order for navigation; that all the furniture and fittings of the steamer were in good order at the time she was appropriated; that the appropriation was made on the coast of Guaquiri when she was forced to tie up by the flotilla of war; that they made him do it from the middle of the stream; that this was done by Mr. Vengoechea, as special delegate of the executive power of the State of Magdalena. To the fourth question he answered (the third not applying to him,) that at half past three in the afternoon of the 10th instant, while running down stream, in front of. a place called Cotore, having on board the national mail, cargoes, passengers, and specie to deliver to the several owners, he was detained by a bongo armed in war, which, coming to the side of the vessel, gave the order for her to go slowly in its company until meeting the delegate of the President of the State of Magdalena, and, if the order were not complied with, the vessel would be fired upon on the responsibility of the captain, the commander of the bongo of war having a canon in the bow of his vessel directed at the steamer, with a gunner ready with a match lighted; continuing in this way, another vessel of war came alongside, a person calling himself Colonel Valencia came on board and repeated the same orders as those given by the first commander, and, for greater security, he left on board an officer. He re-embarked in his own vessel, following which they met four more armed vessels, which also came alongside; that Manuel Campo Rodriguez came on board, accompanied by sundry officers. He said he was a general, representing the delegate of the executive power of the State of Magdalena, and ordered him to make fast the vessel at the coast of Guaquiri; that deponent refused to do so, manifesting to Mr. Campo that by this proceeding he violated the law of the 24th of May, 1856, extended by that enacted on the 25th May, 1864, about navigation by steam in the river Magdalena; that he placed a copy of the law before him that he might see it, to which he only answered, that he not only was aware of the law, but had helped to make it; that he, Campo, also ought to take into consideration that he detained a vessel which was in the service of the national government, conveying the mails; that he was making her come to in a very exposed place, full of logs and trunks of fallen trees, which were not visible, exposing in this way a vessel which navigated under a foreign flag, a cargo, the greater part of which belonged to foreigners; specie he had on board, and the national mail, and that he was not disposed to obey this violent and arbitrary order; that then, Campo told him, notwithstanding all his manifestations, that if he did not make fast the vessel where he told him, he would use the force at his command, and that the vessel must remain there until further orders. That so she remained until half past one on the morning of the 11th, when another armed vessel arrived, and made fast to the side of the steamer; that Manuel Vengoechea, José Maria Mendoza Llanos, Nicolas Mendoza, Andreas Bermudez, and several other officers, who are unknown to the deponent, came on board; that Vengoechea said he was special agent of the President of the State of Magdalena, and the orders given by Campo and the two other chiefs were by his command; that the deponent placed before Vengoechea the navigation law before cited, to which he answered that he was perfectly aware of it; that he demanded the private correspondence on board the vessel, part of which he opened; that he asked if I was disposed to give a declaration that he was going to demand in his character of special delegate, which declaration consisted of—if the steamer in previous voyages conveyed José Maria and Manuel Luis Herrara, and he answered it was true that he received them on board at Nare and landed them in the port called La Gloria; that if he had taken on board in this port Luis Capella Toledo and Sinforoso Pumerajo and others whose names the deponent does not remember, and deponent answered that he neither knew the two nor the others, and that according to verbal orders from the governor for them not to be admitted on board when they presented themselves they were refused, and did not go that voyage, as they can declare in proper time. This being finished, Vengoechea took declarations from the purser on the same subject; that while this was going on the mate came to report that the vessel was making more water than ordinary; that he tried to find out the cause; that his opinion is, on this point, that in trying to bring the vessel to in this place she got upon some log or trunk of a tree which was the cause of her making water, and that to find out the reason was impossible; that Vengoechea begged of him to have a private conference, which was to manifest to him that he required the vessel to carry his troops to Plato, and that if he wished to do this service they could enter into an arrangement for the service which was to he performed; and if not, that he would appropriate the vessel and oblige him by force to do it; that the deponent informed Vengoechea that on no account could he accept his proposition, because he had no authority to do it, as it was entirely contrary to the instructions of the Compania Unida issued by R. A. Joy, the general agent: that in his character of foreigner, he was strictly prohibited from mixing himself in the political questions of the country, and that the vessel under his command was also foreign; that then Vengoechea ordered troops on hoard, to which he offered resistance; during this time he had the American flag hoisted; that for this reason Vengoechea deposed him from his command, and told him that he must remain under arrest on board the vessel; that deponent heard a constant use of the pumps; that he heard orders given at five o’clock to light the furnaces; that from half past six to seven o’clock, when they cast off the vessel to continue the voyage, the vessel was held by some object under the bottom; that the pilot was forced to exercise his functions, a sentry being placed at each door of the pilot-house; that after having got off with some difficulty from that port, they ran down stream until they arrived in front of Calamar, where they came to, and made the vessel fast, placing sentries to prevent the landing of the crew; that deponent went up to Vengoechea, to tell him that among the crew there were Dutch, English, and citizens of the State of Bolivar and other States; that Vengoechea answered, “it little signified; he was resolved to everything; he appropriated the vessel, and would appropriate the people also; that Vengoechea ordered him to deliver the national mail, which deponent refused to do; Vengoechea said that he himself would take and deliver it, and if the postmaster refused to receive it he would order it to be thrown in the public square; that afterwards he delivered to him a decree of appropriation; that he demanded of the deponent an inventory of the vessel, which was made out by the employé of each department who had to furnish it, which document was signed in duplicate, Vengoechea remaining with one copy and the deponent the other; that in the presence of everybody the deponent landed; that when on shore, in the house of Mr. Arazola, Vengoechea told him that he ought to order the delivery of the cargo; that the deponent told him he had nothing to do with the vessel or cargo; to which Vengoechea answered that if he had known that, he would not have allowed him to go ashore; that afterwards he saw them commence to discharge the vessel, which continued to six o’clock; that next day, very early, they recommenced the unloading, all the time with troops on board, and a war bongo made fast to the stern; that, when deponent was deposed from his command, he hauled down the American flag, and that about twelve o’clock the vessel started down river without the deponent knowing where bound; that of all he has stated here he made a formal protest signed by himself, the engineer, purser, and five passengers, in which he expressed that an act of violence and arbitrariness had been committed, the same as done by lawless people and pirates; that what he has stated is the truth, which he affirms and ratifies after having read it; said he was called as already stated, resident of this place, and a sailor by profession. He signs after the judge in my presence.

EULALIO LUNA.

C. A. MAAL. MANUEL M. LASCANO, Secretary.

Provincial Court, Baranquilla, December 14, 1865.

Report received. Let the witness, James McKeon, as he does not know the Spanish language. be examined through an interpreter; appoint Eugenio L. Martinez for the purpose, and notify him of it that he may accept, and take the oath.

LUNA.

LASCANO.

The same day I notified R. A. Joy.

JOY.

LASCANO.

Then I notified Eugenio L. Martinez, who accepted.

MARTINEZ.

LASCANO.

Then appeared Eugenio L. Martinez, and the judge received the oath that he gave in due form, after hearing read the corresponding articles of the penal law, and offered to discharge well and faithfully the office of interpreter, for which he had been named, in proof of which he signs after the judge in my presence.

EULALIO LUNA.

E. L. MARTINEZ.

MANUEL M. LASCANO, Secretary.

Then appeared James McKeon, and the judge, through the interpreter, administered the oath in due form, &c., &c. To the first question, he answered through the interpreter that he knows R. A. Joy; is 39 years of age, and is not compromised in the generalities of the law. To the 3d question, the previous one not applying to him, he answered that the machinery, boilers, and everything belonging to them were in good working order at the time the steamer Antioquia was appropriated by Manuel Vengoechea, special delegate of the citizen President of the State of Magdalena.

To the fourth he answered, that, more or less, at 4 o’clock in the morning of the 11th instant, the deponent being in bed, in his room, Manuel Vengoechea sent to call him to propose to him if he liked to continue on board as engineer, being paid any salary he liked to ask, to which deponent answered that he was not disposed to accept any such proposition, because he was a foreigner, and did not wish to mix himself up in the political affairs of the country.

That about five o’clock in the morning of the same day said Vengoechea sent a verbal order for deponent to deliver the machinery and boilers to an individual who was on board, who if he remembers right was called Manuel Berrios, and who was a fireman in the steamer Estrella in this port.

To which deponent answered that he could take charge of them, as he did not keep them in his mouth or his pockets. That is all he knows about the affair; that what he has stated is the truth, which he affirms and ratifies after having read it; said he was called as stated; resident of this place, engineer by profession, and signs together with his interpreter, after the judge, and in my presence.

EULALIO LUNA.

JAMES McKEON.

E. L. MARTINEZ.

MANUEL M. LASCANO, Secretary,

The same day I delivered them to the party interested.

[Untitled]

Consulate of the United States of America for Sabanilla.

I, the undersigned, consul of the United States of America for Sabanilla, do hereby certify that the foregoing signatures are those of Juan de la C. Ruiz, governor of the province, and Gregorio J. Aragon, government secretary; that they are the same as they are accustomed to use in all their official acts, and as such are worthy of full faith and credit.

Given under my hand and the seal of this consulate at the city of Barranquilla, this — day of December, A. D. 1865.

W. A. CHAPMAN, United States Consul.

[Translation.]

Protest of owners and consignees of the cargo landed in Calamar from the appropriated steamer Antioquia.

In the city of Baranquilla, the 15th day of December, 1865, appeared before me and the undermentioned witnesses, Messrs. Andres E Mansilla, a Danish subject; A. P. Simmonds, for himself, and representing Messrs. C. H. Simmonds & Co., citizens of Hamburg; Sundheim & Co., of Bremen; Julio A. Deithezweig, of Hanover; Augustus Struz, representing Messrs. E. Isaacs & Co., British subjects; A. & J. Senior, of Holland; J. Helm & Co., of Denmark; Acpli, Grasmeyer & Co., of Switzerland and Hamburg; Chapman & Martinez, the former of the United States of America; Julian Ponce, for himself and as factor for Pedro Furgusso, a British subject; Manuel M. Marquez, attorney for his father, Estevan Marquez; Manuel Ujueta, José Angel dela Rosa; and Joaquin Antonio de la Rosa and Joaquin Antonio de Mier, all these last of this State of Bolivar, and all residents and merchants of this city, of age, and said, that having received notice that oh board the steamer Antioquia there were cargoes of produce of the country for them, and that they had been landed without knowing how or where, they applied to R. A. Joy, the general agent of La Compania Unida de Navigacion por Vapor en el rio Magdalena, and said agent, by a circular, informed them that Manual A. Vengoechea, in the name of the State of Magdalena, seized by force the steamer Antioquia, on her downward trip, with the cargo, mails, and passengers, on the 10th instant, as stated in the protest made by him before the notary public of the province. On this account they applied to the notary to see said protest, as also that made afterwards by Christian A. Maal, captain of the Antioquia. They find that on the down trip of the steamer Antioquia with the national mail a cargo of produce of the country, and passengers, in a place called Cotore, a vessel of war belonging to the State of Magdalena fired a gun and obliged her to interrupt her voyage; that the commander of that vessel intimated to the captain that he had an order to guard the steamer till they met the delegate of the President of the State, who was coming with the rest of the flotilla; that afterwards Commander Ramon Valencia arrived in another war vessel; that he made him the same intimation, and shortly afterwards General Manuel Campo Rodriguez arrived with five more vessels, and guarded in this way, they insisted upon the vessel being made fast until the arrival of Manuel Vengoechea, delegate of the executive power of the State of the Magdalena, who approved of all that had been done by Campo Rodriguez; and because the captain refused to return with the vessels, conveying troops and towing war vessels, he displaced the captain, gave a decree appropriating the steamer and took the vessel to Calamar, landed the cargo without the interference of the captain or the officer whose duty it was to exercise that function, and without either of them being able to give an account of the formalities observed, as the captain, in view of the violence exercised, made a complete abandonment of the vessel, cargo, and even of the mail; that the protestors, counting upon the guarantees of the national constitution, and especially of the law of the 25th May, 1864, which so expressly protects the navigation of the rivers, could not expect such an abrupt proceeding as has taken place, scandalously infringing the laws mentioned; from private sources they have learned that the cargoes which belong to them are in Calamar, without knowing for certain whether they are complete, nor in the good condition in which they were at the time of shipment, because the captain says in his protest that after the detention of the vessel she began to make a good deal of water, and the captain opined that she might have received some damage in the place where she was made fast, whch is a dangerous one, without being able to remedy the evil in consequence of the situation in which he found himself, which did not permit him to disoccupy the holds that were full of cargo; that there are now in the port of Sabinalla sufficient vessels to carry the cargoes to their destination and that they might obtain moderate rates of freight, which will not happen after; that up to the present time they have experienced great prejudice in their interests, and know not what may originate hereafter; on which account, to cover themselves, and in the names of those they represent, they protest once, twice, thrice, and as many more times as may be necessary, against the Compania Unida, to whom belongs the steamer Antioquia which had the cargo on board; against the high functionaries of the State of Magdalena, who appropriated the vessel and took out the cargo which was on board; against the government of the United States of Colombia, to which the State of Magdalena is dependent, and which has guaranteed the free navigation of the river, and against whosoever more it may be convenient, so that the damages, losses, prejudices, and deterioriations which have taken place up to the present time, and may occur hereafter, be not borne by them, nor by the several owners and parties interested, but by the before-mentioned and any others that may be responsible; and that in this understanding the protestors and others who find themselves prejudiced may make use of their rights and actions which may belong to them, for to that intent and end they have made the present.

The register duty has been paid, as shown by the account, which copied says thus.:

[Translation.]

FIRST MEMORIAL TO THE GOVERNMENT OF THE UNITED STATES OF COLOMBIA.

Robert A. Joy, agent of La Compania Unida de Navigacion por Vapor el rio Magdalena, represents to you a scandalous act, violating the free navigation of the river Magdalena, guaranteed by the third paragraph of the 8th article of the national constitution, and by the law of the 25th of May, 1864, the right of property guaranteed by the fifth paragraph, article 15, of the same constitution; the security of the persons guaranteed by the fourth paragraph of article 15 of the same constitution; existing public treaties between the governments of Great Britain and the United States of America; the rights of people, and the tenth article of the mail contract made with the national executive on the 30th of April, 1864, obliging me to abandon my domicile in Baranquilla and transfer myself to this capital to reclaim from you the cessation of the outrage and the corresponding indemnification for the damages and prejudices which the company has suffered and may suffer, about which I opportunely made the necessary protests.

The act is as follows The 10th of December last the steamer Antioquia, on her return trip with the national mails, passengers, and cargo for sundry individuals, was detained and captured by war vessels of the sovereign State of Magdalena.

The following day, when Mr. Manuel Vengoechea, delegate of the executive power of the said State, arrived, he said that what had been done with the steamer Antioquia had been in compliance with his orders. He had the pretention that Captain C. A. Maal should abandon the national mail and cargo, and return to convey his troops to Plate, which the captain refused to do, as he was in duty bound. Mr. Vengoechea then decreed the appropriation of the steamer Antioquia, put under arrest the captain on board his own vessel, dispossessed him of command, took the vessel to Calamar, then made the passengers land, and put on shore the national mail and cargo. He forced the pilot and crew of the vessel to continue serving and destined the vessel for the conveyance of troops of the State. That the acts referred to are violations of the constitution and national laws, of the treaties with the before-mentioned nations, the rights of the people, and the contract referred to, do not require any demonstration; it would be offensive to touch upon it; it is enough to read the laws quoted, be acquainted with the international rights and the said contract, to be convinced of it.

Of the outrage committed by the delegate I passed a communication to the executive power of the sovereign State of Magdalena; but I could not, and ought not to have understood myself with it respecting reclamations and indemnifications which have to be established and exacted for what has happened, because the matter belongs entirely to the national government, as it concerns the navigation of a river which washes the territory of more than one State, as also for its international character, on account of the violation of the treaties and rights of people, according to the paragraphs 1st and 6th of the 17th article of the constitution and the before montioned navigation law.

On that account I apply to you, citizen President, as soon as it has been possible for me to do so, proving sufficiently with the accompanying documents the acts alluded to, and praying that you will immediately decree the return of the vessel, which will be received in Baranquilla, the domicile of the company, if she should be in a state for service, and the indemnification by the national treasury of the damages and prejudices suffered, and which the company represented by me is still suffering, according to the terms that will be expressed at the end of this memorial, for the outrages already mentioned. The prejudices experienced by the company from this occurrence have been of a most grave character.

Without the vessel appropriated, it cannot comply with the multitude of engagements for the carriage of freight nor with the contract made with the national government for the carriage of the mails.

It is not hidden from the citizen President, to whom I address myself, the great importance of making effective the free navigation of the rivers, which the general government has guaranteed, and this will not be obtained without making effective the responsibility of State governments and fully indemnifying the prejudices caused by the infraction of the national laws on this subject.

The indemnification which I exact is as follows: for the value of the freight of the cargo which was on board of the vessel at the time of her capture and which was lost to the company on account of not being able to deliver the same $1,130 50.

For the service of the vessel appropriated and the injury caused to the company by the impediment and disorganization of its business from the 11th of December till the day in which the company can again make use of the steamer Antioquia, for every day three hundred dollars, ($300,) besides the damages the vessel may have received and of the articles that may be wanting in the inventory at the time of delivering the vessel, and the costs of the reclamation.

In case of the total loss of the vessel, or deterioration which should leave her useless, her value is $50,000.

I pray, citizen President, that you will come to a quick and favorable resolution of my petition, so as to avoid greater prejudices to the nation and the company.

Answer of the Government of the United States of Colombia to first memorial of R. A. Joy

UNITED STATES OF COLOMBIA, NATIONAL EXECUTIVE, SECRETARY OF INTERIOR AND FOREIGN RELATIONS, GOVERNMENT DEPARTMENT, SECOND SECTION, NUMBER 188,

Bogota, January 9, 1866.

Mr. Robert A. Joy:

From the petition and accompanying documents which you have presented to the national executive relating to the interruption of the voyage of the steamer Antioquia and the forced employment of her for the conveyance of troops of the State of Magdalena, it appears that on the 10th of December last said steamer was detained by the commander of the armed vessels of said State, near to a place called Cotore, and that the day following Mr. Manuel Vengoechea, delegate of the government of Magdalena, issued a decree temporarily taking possession of said steamer, which he had delivered to him under inventory, and leaving the cargo in Calamar.

In this office there are data that the President of Magdalena has lamented the abuse referred to, which he hastened to correct as far as possible, offering to you the immediate return of the steamer, for which he proposed the appointment by you of an agent to receive it, and offered also indemnification without the necessity of reclamation, complaint, or judgment, proposing to you a legal and just arrangement of the matter, and that an account should be given of all to the general government.

Once that the evil was caused, what was important was to lessen the results. To this end he tended the return of the steamer, and your refusal to receive it, because the return was not made in the domicile of the company, did not consult in any way the convenience of the company itself, nor of the government, that the prejudices and abuse should be as limited as possible.

Therefore the responsibility which, without dispute, has arisen from the proceeding of taking the steamer, does not extend to damages which she may suffer, nor for the prejudices of her detention further than for the time she was detained, but not for that posterior to the date in which, as was offered, and which undoubtedly would have been complied with, she might have been returned, but for the obstinacy of the owners, which cannot be satisfactorily explained, with the prolongation of the evil, and with the exposure of the steamer to ulterior damages and even to a total loss; the company was not empowered to compromise the responsibility of the government nor even of the causes but their own, or their own interests.

I have received an order from the citizen President to establish clearly these facts, which must serve as an antecedent to the company in the demand for indemnification to which it may have a right—the amount of which, and those immediately responsible, will be determined by the respective tribunals.

To this end, all the documents concerning the matter have been passed to the procurador of the nation, and orders have also been issued for the return of the steamer, and that all the necessary documents be collected about the damages caused. As the president from the State of Magdalena is the constitutional agent in that State of the government of the Union, the measure adapted by said president for the return of the steamer—a measure for the non-fulfilment of which is exclusively responsible the company which did not deign to receive it, so that the evil might cease, and that the consequences might be less grievous and costly— that measure has the character of being dictated by the national executive, and the orders now given directly cannot be considered but as a repetition of the said measure.

Your obedient servant,

[Translation.]

UNITED STATES OF COLOMBIA, SOVEREIGN STATE OF MAGDALENA—SECRETARY GENERAL OF THE STATE.

Santa Marta,December 14, 1865.

It having been thought convenient that the mail steamer should not touch in the Banco, on account of that place being occupied by rebels, who might commit some attempt against the mail, the citizen President of the State orders me to call upon you to order the captain not to touch there.

Answer of government of United States of Colombia to second memorial of R. A. Joy

UNITED STATES OF COLOMBIA, NATIONAL EXECUTIVE—SECRETARY OF INTERIOR AND FOREIGN AFFAIRS—DEPARTMENT OF GOVERNMENT, SECTION SECOND, NUMBER. 189.

Bogota,January 18, 1866.

The executive of the Union has ordered the citizen President of the State of Magdalena to return the steamer Antioquia, the use of which was appropriated from the company that you are agent for, by the delegate of the said magistrate, in the terms of the decree of the 10th of last December.

Your obedient servant,

Law of April 7, 1852, declaring the navigation of the rivers of the republic free to merchant steam vessels.

The senate and chambers of representatives of New Granada, in congress assembled, decree:

Article 1. From and after the publication of this law the navigation of the rivers of the republic is open to foreign merchant steam vessel under their own flag.

§. Privileges granted by law and agreements which have obtained the approbation of congress are not interfered with by the contents of this article.

Article 2. Foreign vessels are subject to all the duties and obligations to which national ones are liable, and their crew must yield obedience to the national authorities, to whom all foreigners are subject.

Article 3. The law of April 11, 1846, respecting inland navigation, is hereby reformed in terms above expressed.

Article 4. All controversies which may arise in consequence of the enactments of this law, or respecting its sense or interpretation, shall be determined by the magistrates and according to the laws of the republic.

No foreigner shall in any case allege any right, immunity, or exemption which is not expressly recognized or granted by the laws or public treaties, nor shall the interference of any authority or functionary other than those legally established with jurisdiction in the said republic be permitted.

Issued in Bogota April 5, 1852.

JUAN N. AZNERO, President of the Senate.

PATROCINIO CUELLAR, President of the Chambers of Representatives.

MEDARDO RIVAS, Secretary of the Senate.

By the secretary representative:

N. PEACIA GAMBA.

Bogota, April 7, 1852.

To be carried into effect and published.

JOSÉ HALARIO LOPEZ, Secretary of Foreign Affairs.

[Translation.]

Law of the 24th May, 1856, on navigation of the rivers.

The senate and house of representatives of New Granada, in congress assembled, decree:

Article 1. Navigable rivers which extend to more than one province, and those which serve for exterior commerce may be freely navigated by every description of merchant vessels, of whatever tonnage, either national or foreign, and their banks are of free access to all who navigate them. The municipal governments and the owners of the adjacent lands cannot impose any tax on the navigation of said rivers, or the vessels which navigate, or on the merchandise and other objects carried in them.

Art. 2. Foreign vessels will be subject to all the duties and all the obligations which weigh upon national ones, and the crews to the dependence of the national authorities to which all foreigners are subject.

Art. 3. In points where the rivers cross the public roads the passage is free to every description of craft, but if in any of these passes the provincial legislatures deem it convenient for the facility and security of traffic to construct bridges, maintain vessels, or establish any apparatus for the passage of the river, they can make it, provided the bridge or apparatus does not disturb the navigation of the river longitudinally, and they may likewise collect a bridge or passage toll, or permit those to collect it to whom they may grant the privilege of making such works.

Art. 4. The toll collected, in virtue of the previous article, can only be invested in the indemnification of the cost of the bridge, vessel, or apparatus destined for the passage of the river in the preservation of said work, in the service of said pass, and in the improvement of the road forming part of said pass.

Art. 5. If the points in which the passage of the river is should be a dividing line between two provinces, the respective municipal governments ought to agree respecting the pass, the construction or establishment of the necessary works, and the division between the two of the product which is to be legally invested.

Art. 6. If one of the municipalities interested in the pass is of the opinion that it ought to be left free, the other cannot subject it to restrictions; but if a desire should be to build a bridge, and one of the municipalities should not wish to participate, the other alone can provide for the construction and legally invest the products.

Art. 7. Controversies arising in consequence of the dispositions of this law or upon its interpretation or understanding, shall be decided by the magistrates according to the laws of the republic. In no case can a foreigner allege privilege, immunity, or exemption, not recognized or conceded expressly by the laws or public treaties; nor will the intervention of any other authority or functionary be allowed than those legally established with jurisdiction in the republic.

Art. 8. Repeal the law of the 7th of April, 1852, which declares free the navigation of the rivers any merchant steam vessels.

Give in Bogota, 23d of May, 1856.

JOSÉ MARIA ORTEGA, President of Senate.

I. ANTONI PARDO, President of Representatives.

M. M. MEDINA, Secretary of Senate.

MANUEL POMBO, Secretary of Representatives.

Bogota, May 24, 1865.

Execute and publish it.

[Translation.]

Law in addition to that of the 24th of May, 1856, on navigation

The congress of the United States of Colombia decrees:

Article 1. The States being prohibited by the third paragraph of the 8th article of the constitution from restricting, by imposts or in any other way, the navigation of the rivers or other navigable waters which have not required canalization, and it being moreover the exclusive attribute of the general government, by the sixth paragraph of the 17th article of the constitution, the navigation of the rivers which wash the territory of more than one State, or that pass on to a bordering nation, the governments, functionaries or employés of the States are prohibited—

First, to impose imposts or contributions of any description on the vessels, passengers, or merchandise, with the exception, of the latter when it is offered for consumption in the localities destined for that purpose.

Second, to subject to formalities of any description the loading or unloading of the vessels, their voyages or stations, so that these operations may be conducted with the utmost freedom, and without restriction or detention of any kind.

Third, to subject to formalities or obligations the passengers and crew of vessels.

Art. 2. The functionaries or employés of the State who contravene the dispositions of this law will be personally responsible for the damages and prejudices occasioned by their acts.

Given at Bogota, 19th of May, 1864.

ANTONIO FERRO, President of Senate.

JOSÉ M. SAMPER, President of Representatives.

C. BENEDETI, Secretary of Senate.

ALEJANDRO CORDOVA, Secretary of Representatives.

Bogota, May 25, 1864.

Publish and execute it.