Protest of R. A. Joy, agent of La Compania Unida, on the appropriation of the steamer Antioquia., December 13, 1865

Protest of R. A. Joy, agent of La Compania Unida, on the appropriation of the steamer Antioquia.

In the city of Baranquilla, at 4 o’clock in the afternoon of this day, the 12th of December, 1865, appeared before me and the after-mentioned witnesses, Robert A. Joy, of this neighborhood, over age, agent of La Compania Unida de Navigacion por Vapor en el Rio Magdalena, and said: that according to advice given him from Calamar, by Christian A. Maal, captain of the steamer Antioquia, belonging to the company, on the downward trip of said vessel having on board the national mail and cargo of produce of the country, at halt past one in the afternoon of the 10th instant his vessel was detained by a general of the State of Magdalena, Manuel Campo Rodriguez, with five bungos of war, who obliged him to tie up his vessel at the side of the river until the arrival of Manuel Vengoechea, delegate of the executive power of said State of Magdalena, which order he was obliged to comply with by the force made use of, notwithstanding the manifestations made by him, that he had the national mails on board, and that the navigation is protected by the constitution and laws; that at halt past one in the morning of the 11th, Manuel Vengoechea arrived, and told Captain Maal that the orders given by General Campo emanated from him, and after having adopted other measure he proposed to the captain that he should go up the river with the vessel to San Tenon, which he refused to do; the engineer also refused because the service was distinct from that of the company, of which he depended; that then Mr. Vengoechea appropriated the Antioquia, deprived the captain and engineer of the vessel of their functions, and obliged the pilot by force to take the vessel to Calamar, starting on the trip at six o’clock yesterday morning, the engines being under the direction of an individual called Manuel Berrios; that at half past eight in the morning of the same day they arrived at Calamar, and that the captain, after having made a protest on board, which was signed by the passengers who were there, he and the engineer landed, making an abandonment of the vessel, cargo, and mail, because as the vessel was invaded by armed force and the captain deprived of his functions by a force that he could not obey, he could not answer for the property that he was not allowed to guard; the cargo and treasure were landed at Calamar by the delegate of the executive power of Magdalena, Manuel Vengoechea, without the intervention of the captain or other employés of the vessel whose duty it was to exercise such function; that the outrage committed by the high functionaries of the State of Magdalena constitutes an express violation of the national constitution and the law of the 25th of May, 1864, which guaranteed the navigation of the rivers, prohibiting the functionaries or employés of the State from transgressing said dispositions, and under which guarantee the steamer Antioquia navigated, in which also was the national mail; that from the above stated great prejudices have arisen and may arise, and to cover the Compania Unida, of which he is agent, and without prejudice to the captain of the vessel, Christian A. Maal, with a better knowledge of the facts, amplifying the protests that he may have made, and making those that he may have occasioned in his character of agent of La Compania Unida de Navigation por Vapor en el rio Magdalena, and as such contractor for the carriage of the national mails, protests once, twice, thrice, and as many more as the law permits, against the functionaries and public employés of the sovereign State of Magdalena, who, infringing the dispositions before cited, and knowing that the vessel is the property of North Americans, that the cargo is the property of foreigners and citizens of other States, and that besides the national mail was on board, appropriated said vessel, discharged the cargo that was on board, and put the management of its engines into the hands of individuals not experts in the matter, against the government of the United States of Colombia, to which is dependent the sovereign State of Magdalena, and against whoever else it may suit; that the damages, losses, prejudices and deteriorations suffered already, and which may originate, may not be at the charge of the Compania Unida, but against whoever it may concern, and that with this understanding the executor of this and all others prejudiced may exercise the rights and actions belonging to them where, how, when, and before whom it suits them, and in right can and ought, with this intent and end the before mentioned makes this present. He paid the register duty, as appears by the account, which copied says thus:

Administration of Finance.

Robert A. Joy has paid two dollars for register duty of a protest that he is going to make.

BARANQUILLA, December 12, 1885.

Tiberio C. Aranjo and the protester, who I, the public notary, certify that I know, did thus protest and reclaim, and called upon me to bear testimony to notify the national postmaster of this protest. Thus he did and signed before me and the witnesses Atitano Concha and Juan B. Munez, neighbors present.

R A. JOY.

ATITANO CONCHA.

JUAN B. MUNEZ.

JOSÉ MA. LASCANO, Notary Public.

Done before me; this and the original is in the book of public instruments in my charge, to which I refer under the number 248 and to deliver to the concerned. I give the present in three folios of corresponding paper, the margin of the first rubricated; and here I sign in Baranquilla the same day, month, and year of the execution.

JOSÉ MARIA LASCANO, Notary Public.

Registered at folio 31 of the book of registers of this year, under number 207.