De Mosquera to José Maria Rojas Garrido , The, November 17, 1866

[Translated from El Registro Oficial, No. 796.]

Decree upon the adjudication of maritime prizes.

J. C. MOSQUERA, GRAND GENERAL, PRESIDENT OF THE UNITED STATES OF COLOMBIA.

The preceding report of the secretary of the interior and foreign relations having been considered, and, considering—

1. That the war between Spain and the republics of the Pacific unfortunately has not terminated.

2. That it is the duty of the United States of Colombia, as a nation neutral in that war, to lend their good offices to the belligerents, to the end that maritime prizes, should captures take place, may be justly adjudicated, provided they shall be brought into the ports of the republic, and the belligerent having exclusive jurisdiction over them shall agree to it;

3. That said prizes may rightfully be adjudicated, also, in case any belligerent shall violate the neutrality;

4. That the government is bound to protect the interests of Colombians that may be affected by the capture of maritime prizes, and for this reason it is indispensable to inquire if the prizes brought within its ports have been taken in violation of the neutral rights of any of the belligerents; and

5. That the government of the Union has the right to permit or deny the entrance of maritime prizes into its ports, and to require as a condition of their entrance, their adjudication by the tribunals of the republic as a compensation for receiving the captors and their prizes—

I decree:

Article I. The cruisers of the allied republics of the Pacific, in the war with Spain, may carry their maritime prizes into any port of the republic, but their adjudication shall belong to the supreme federal court, conformably to the national constitution and law it being understood that the fact of bringing in the prizes shall be proof of the acquiescence of the sovereign of the captor that it be judged by said tribunal.

Art. II. The cruisers of Spain in the war mentioned may carry their prizes into the ports of the republic; but their adjudication shall belong to the supreme federal court, conformably to the national constitution and law, it being understood that the fact of bringing the prizes in shall be proof of the acquiesence of the sovereign of the captor that they be judged by said tribunal.

Art. III. The highest political authority of the port in which the prize may arrive shall require the captor to present the sea papers of the vessel or the property captured, and shall proceed immediately to examine the officers and marines, which proceedings, proofs taken, and original documents of the captured vessel, shall be as soon as practicable reported to the supreme federal court, that it may take, jurisdiction of the case.

Art. IV. The vessels that may be declared good prize may be sold in the ports of the republic.

Art. V. The cruisers shall be permitted to enter the ports of the republic, provided that from injuries or other cause they cannot continue on their way, but they shall not remain more than twenty-four hours or the time indispensable for repairing damages in the judgment of the chief political authority of the port.

Art. VI. Let this decree be communicated to the belligerent nations.