The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-04

nfcrEs The rySlsrty Oh l1~SF ~
n or.ty Of AZ established goyernmer'.
Hoe J. g. Back, attorney GsrerL OF tho Cnised
States in communication the svbjecs - Cen. csss
dated Nay To- 1865, aIoss With tho honorable ssoIe
AIRY cf STATE IN tue viewr presented above and lAys
down tne folio srg pruop!e Of s~ ~ applicable 70 ihe
case under oscuseion:-
when pcrtion the territory ~ one nation Is tayee
por.sssior " by the for es Of aaoinar Win ~h''n na
war, the c0pqutriLg party hav ~ uudolapsi rWas
clare mo Igw OF place long hs Occupation 81 y
coatnuss ana al the rights OF tna prev Gus s'Vstos arc
suspended unit his pogsossion 10 resumed
He quotes several 10 sacport-iost o. ahe
Island Of sau.a Cruz in possession OF Bfisa ueops,
who had rccelty captured Il cu-ug tbo last var with
Great Biian aud had temporary possesion, whsn our
courts declared thai OF sognY shipped from tosre
was The swui prize Of an American privstr who had
capturt3 70 Cranch. fe1l And the Ct the port Of
Castirer which operated aga'nst 1t taken BY the
British 10 1874 ard Il decided that laws
cid not spply to |, any than 70 foreign oouatsy
The Attorney General that those principles Of
Law arply equally 20 cs,e Of civil war; such - Peru
Was then eresgsd In he argues that tho revolutionary
party should be strong enough 10 overthrow the existing
gosesnn ent becomes Invested with the sovereignty,
ana s authorized 70 declare tho law which shall
preys and In the supposi,ion that tho former ID only
partially successful mAir tanning soN In one portion Of
the territory where the susr-that the old govern
meut-has power 10 eDorce obedience, but must ooa-
fne It's authority 70 the territory which IL occupies
lays
revolutionary party, like foreign bsuigersn. po.er
"a Supreme tho country c,nquers, al lar Aod -
lopg ~ It's arns can carry and maintain H.
He quotes vattel. who says (bock III CHAP Is section
1867 that the parties 70 civil 10 be regarded
por the time two distinct political societies, end
stand In the saIns prsticament a. two beltgerent
nations. With which doctrine he says oil writer's
the subject sgree. Several opinions from
Wheaton quoted, having tho same bearing
Inc point, ana the arguneDt summed up In Elk pro
petitions, the SUBSTANCE Of which that the urs1 lotion
Of the Revolutionary parry uader Vvanco was perfect
Sberever toey were 10 possession seized vessels
having acted pu,suan Of given Dy tho ooes
10 authority guilty Of nothing for which the other
party could oes, them thas the laws of tue other par
~, me Peruvian government, suspsaded, 4 cad,
there fore, the proceeding against the vessels
tary ibe aw Of ard principles Of pstarA
justice.
President euchaDon agreed with The view aud opinoss
OF Gen Cas- ard Attorney General s,ack.
THE PERUVIAN ARGUMENT.
The Peruvian Cover set FORTH In tho drst place,
the sevsl laws previously quoted and Contend that the
revolution ~ yivsnoo whlch must be regarded
beon pure and simple for purposes OF puoder did not
supend The laws OF the republics In those places temp,ra
rly their possession and that the contrary doctrine
neither vivsIco his government had pretended 70
repeal, by DECREE public act OF any kind the aud
regulators sdduced; and tina. neither be his
government was recognized By the government OF the
United Sists the permits granted by his officers oout
not DO regarded legal Tnss the official recognition or
Gtate OF civil war In country Is absolutely necessary.
the part Of foreign Powers, before the acts OF
u.onary patty can be regarded a. suspcnding inter
errg materially with the Laws OF the govern
ment, before be recognized In the light
and with the rights Of . beigerent nation;
In support Of which opinion Mr.. Osma, 10 reply
10 General Cass, cites the Supreme Court OF the
United States Ia which duricg the war be.
Spain and Dor colonies, In which the followlDg
language used" me government Or The United States
bas recognized the existence of civil between Spain
and her colonies ssssss. Each party Is therefore
deemed by W. belligereEt nation, &c. (wheaon, vol
TIP 337) The isme opinion Is affirmed by the same
tribunal In the case Of Rose Bsiney q Cranoh, p
27D-" Tho colony Of 81 Domingo, originally belonging
TO France, had broken the bond which oonne ,ed her
with the parent STATE and declared herself independeut
nc has been argued that the colony having declared
itself sovereign State and having thus far maintained
H sovereignty by arms, must be considered and treated
BY other nations - sovereign In fast, and being
tiled, DO. In support Of this argument tbs doctrines
Of vate' have been particularly referred TO- But the
aEguage OF that writer OBVIOUSLY addressed 70 sove
reips not TO courts. 10 for governments 70 decide
whether they win consider St Domingo Independent
nation and until such decision sh Ill be made, or France
sha rclinquhh her claim, ours Of Justice consider
the ancient u Ate Of things ~ remaining unasered" a.
The Court reafrms he doctrine the case OF Gsson vs.
Hcyt % Wheaton, s2), and In very nearly tho
wordsL Also In the case CT Konnett W Chambers ne
Howard, 49, decided In 1864 where the ELECTS Of tho
revolution In Texas In question. Mr. Osna quo,cs
In addition, tho following from wheatons Eomeois
tesnatlona Law (pArt I, chap 2, sec lo) rnls qass
ticn must be determined by the sovereign siatve or
executive power Of these sas and not o. any subori
Iats authority, or BY the private Of hsr ind
vidal subecn2 hr. osma holds that the sif
down in those opinions applies equally state Of DO
msstc civil war, a. TO such when existing beswsen
Their country and her colonies; that "the existence OF
owl war'the words used BY the Courts all tina. 10
needed 10 demand s application. IL further contend
ed thai, without this Law. treaties ard compacS be-
tween naous would be Of avail and the responsibility
Of governncnts for the acts OF their citizens
jssts completely destroyed. mat Il thersfore neces
sary, and, such, accepted By all countries which
gard the sacred principles Of international law upon
this principle, more especially, Peru rcsts hs< case.
This oct Of recognition then, plain point OF ntcr-
national ar, 10 relied Of the highest importanoe
and upon which The solution OF the question depends
IT. a. Mr. Cas- admits tho relations between the govern
merits Of PerS and the United States remained undn
tar bed By The events which had the former
country, then urqusstouably the laws Of the former
were Elm regarded - OF force, and therefore binding
upon ctizens Of the latter. And II that conclusion
correct conteuded eitizsns Of other could
rot shelter themselves under the laws or revolutionary
local eovernment, which was merely De fdco and not
dc j,re, being wanting In that esenai particular Of
recognition which alone could add legality s acn Toe
xof rx~tl~ 90 ~
which makes H. and In regard 70 the cited BY tho
Attorney General asserted that bo.h boi'eercnt par
ties In the scvera Instances had been recognized BIZ
the world a. Powers aad members OF she family Of
nations aud, therefore, Ia tho Of the port o Cas-
tine The aws Of the United stAes saspen led and
those Of Great Britain In operation when by the fortuse
Of war fell into the pcssossion Of the 20 ses Add
% In he $3.50 Of the Inland Of ssata Cruz 10 show the
Importance Of this principle Of hs, argued lhst N
fnx s~nxls~ A.amk