The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-03


TO the public domain or property. In such case
his title shares the fate of the power to which he
trusts for it, and if that power cannot secure it tic
HIM he loses it. No principle is better settled in
public law, than this: that it is for Governments
only and not for individuals, to determine the po-
ltlcal status of the revoled colonies or provinces
of other nations; and that where the Government
to which the individual belongs has not officially
recognized the altered position of the district OF
| party in revolt but continues to recognize the
previously existing Government as the true one
not only the individual citizens, but even the trib.
unals OF justice are bound to do likewise. The
supreme Court of the UNITED STATES has authori-
tatiyely ruled, in at least half dozen welI-known
cases, that, until the Government of the Union
has officially recognized a revolutionary Govern
ment, no American citizen can have the protec-
ton of our Courts or our laws, IN dealing with it,
against the rights of the Government previously
existing, and still recognized here.
In the case under considerations not only had
our Government not recognized the revolutionary
movement OF NIVANCO-or even the existence Of q
civil war in Peru--but Mr.. CLAY was at that
time, accredited to the Government Of Castillo .t
Lima and Was in the daily discharge of bis diplo-
matc functions there; treaty negotiated by him
with Castillo being, about that very time, ei,ker
under negotiation or pending for ratification It
loHoWs, therefore, n consequence too clear to
be successfully resisted, that when the masters of
the vessels In question undertook to 60 beyond
the sphere OF their lawful traffic, and TO acquire
title: by spoaton, TO the national property of
Peru under the grant of a pretended Govern
ment which their own country did not recognize,
they submitted themselves to the penalties which
the laws of Peru prescribed and they assumed the
risk of arrest and its consequences Nay, more in
voluntarily taking part with the faction in omen re.
volt, and lending it aid and succor against the
Government recognized by their own they indu-
bltably incurred responsibilities still graver and
more perilous, which any Government less feeble
than that of Peru would surely and Justly have
enforced against their persons. That our Govern
ment, instead ofrecognizing- good faith and in
favor of friendly people, with whom we were in
peace and amity-these plain principles of public
law ana international comfy, and instead of
leaving the criminal parties to bear the losses of
their illegal enterprise, as best they might,
should have leaned in favor of their spoliations and
have given its sanction TO their misconduct. is to
be deeply lamented, as a matter involving our
national respectability. To our legitimate COM
merce, everywhere, the support and protection of
our government are, of course, eminently due;
but it is discreditable to any heightened nation.
TO be encouraging its citizens to aggrayate the
domestic feuds of its neighbors, and take advan-
tage OF their disSensons for profit and speculation.
AS we stated, when the subject was previously
before us, the Government of Chili-severaI of
whose vessels were captured at the same time and
under the same circumstances with the Georqiana
and the Lazz1e IhompSon-at once volunteered TO
dlsaVow all sympathy with its citizens so trespass-
ing, and left their property to its fate. So too
The Government of France-whose Consul was in
terested IN the cargo Of one of the American YES
sells In queston-after consulting. the learned fri
bunal attached to the department of FOREIGN At
fairs, and receiving formal decision against the
right OF these vessels, under the law of nations
10 undertake the traffic in dspute-not only re-
fused to interpose any claim, but at once punished
its Consul, by vacating his place. II has been
lett to our Government not only to uphold, alone
the doctrine OF international spoliation, under the
circumstances referred TO, but to make its defence
matter of international quarrel When we add
that this has been done, after repeated offers on
the part of Peru, to submit the question TO the
arpltration OF any sister government which the
United States may designate, we present picture,
certainly belonging to the series of which the
ostend Manifesto was the beginning. Even if our
claim were as just as it is manifestly the contrary
and even if Peru were as strong as she is weak
the simple fact that two other sovereignties-
equally interested with ourselves in the identical
controversy-should have deliberately abandoned,
as wholly unfounded, pretensions identical with
our own, ought surely to have suggested to Mir.
BUCHANAN and Mr.. BLACK, that it was possible
they might be mistaken, and that an IMPARTIAL
arbitrator might say so. We sincerely trust that
Congress will not permit the national reputation
to be compromised, by acquiescing in the per-
verseness Of the Executive