CHAPTER III. THE RIGHTS AND DUTIES OF NEUTRALS, In the course of the revolution in the Spanish American colonies, Uruguay, or the Banda Oriental, as it was then universally known, separated from the revolted provinces of the former Viceroyalty of La Plata, and, under the leadership of José Artigas, maintained virtual independence. Most of the opposition to Artigas came from another guerilla, Elio, favored by the Court at Rio de Janeiro, and at times the war approached the Brazilian frontier. Dom Joâo, fearing that the rebels would invade the Province of Rio Grande do Sul, desirous of reestablishing Portugal's former claim to Uruguay, and resentful of Spain's continued occupation of Olivença, on June 4, 1816, ordered the capture of Montevideo. He communicated his decision to all the European Powers, declaring that he was acting in Spain's interests and for the abatement of a nuisance. Spain replied that the Uruguayan revolt was her own affair, and demanded the withdrawal of the Portuguese forces. But Dom Joâo, taking advantage of Spain's hopeless condition, ignored the demand, and prosecuted the war with the utmost vigor. Within a short time Montevideo was blockaded by a large fleet, and besieged on land by an army. Finding himself powerless against the sea forces, Artigas decided to have recourse to privateering, and issued an invitation to foreigners to enter his service. The commissions were signed by him in blank, and sold to adventurers (1), principally at Baltimore. From that port, as well as thase of Europe, vessel after vessel flying the flag of Uruguay, a country which most 1. The American Consul at Buenos Aires, Thomas Lloyd Halsey, was dismissed for trafficking in Artigan commissions. Adams, Memoirs, vol. v, pp. 77,93. of the privateers never saw, sallied forth and harried the seas for Portuguese shipping, even cruising about the entrance to the bay of Rio de Janeiro (1). There was nothing original about Artigas'policy: France had attempted to do the same thing in the United States during the '90 s, and the practice had been adopted with considerably more success by the governments of Buenos Aires, Colombia, and Mexico against Spanish shipping. Don Luis de Onis, the envoy of the Spanish National Government, whom the American Government (out of deference to Napoleon) refu. sed to recognize until December, 1815, was unable to bring these facts directly to the attention of the administration because of his status, but stimulated the Spanish consuls to libel prizes and cargoes brought into American ports. « The result of these suits brought... before the American judges and tribunals, was, in general, a confirmation of the robbery and 1. Pereira da Silva, op. cit., vol. ii, p. 63, the triumphant impunity of its authors (1). » In December, 1815, as soon as he was recognized in his official capacity, he entered a protest << against this organized system of pillage », enumerating a great number of violations of American neutrality, and asking the Government to refuse entry into our ports of privateers flying the flags of the colonies (2). Secretary of State Monroe replied that this exclusion could not be made because of the frequent changes of authority in the colonies and the consequent impracticability of making the flag a criterion (3) At the same time inquiry was made of the United States district attorney for the. district of Louisiana regarding alleged violations of our neutrality at New Orleans by agents of Mexico. District Attorney Dick replied by submitting a report of his activities during 1815, when eight persons were prosecuted, six ships libelled, 1. Onis, Luis de, Memoirs upon the negotiations between Spain and the United States which led to the treaty of 1819, translated by Tobias Watkins, Baltimore, 1821, pp. 13-20. 2. American State Papers, Foreign Relations, vol. iv, p. 423. 3. Ibid, p. 426. and nine restored to their owners because of illegal seizure (1). These facts were communicated to de Onis (2), but he continued to report further violations (3). Finally Corrêa da Serra learned of instructions given to Captain Fisk, of the ship Romp, under the flag of Buenos Aires, to cruise against the subjects of Spain, and, in case Buenos Aires became involved in the Banda Oriental's war with Portugal, to act in like manner with respect to the subjects of His Most Faithful Majesty. This was prior to the appearance of the Artigan pri vateers. He wrote Secretary of State Monroe on December 20, 1816, acquainting him with the affair, and, while explaining that he could have no interest in the matter as far as Spain was concerned, yet the conditional instructions given Fisk required that he should not wait silently until they found possible employment. After describing the 1. Ibid, p. 431. 2. Ibid, p. 429. 3. Ibid, p, 441, 451, 495, 500-504, and 534. |