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

cheerful character. Our hopes, however, are those
which are shared by the honest and patriotic men
of every section, and we will not until the last
moment, abandon the idea of their realization
We have before us copy of the official journal
of Lima, the Peruano of October 26th containing
the concluding correspondence between Mr.. CLAY
and the Peruvian Government and the circular
of theater to the diplomatic body, in regard to the
controversy which has resulted in suspension of
diplomatic relations between the UNITED STATES
and the Republic of Peru. We have already ex-
pressed, at some length, our views in regard to the
merits of this dispute, and we cannot refrain from
reiteratng regret and modification, that the
Executive of the q MON has seen fit to deal with it
in the spirit and upon the principles which have
brought it so peremptorily to its close Between
maintaining and enforcing the Just rights of our
citizens--at every hazard and in every shape-and
throwing the weight of our national power into the
scale of every claim, which spectators and adven-
turers from among us may set up against weaker
nations, there is distinction as obvious as it is
Just. We had hoped that the disreputable and
Illuminating result of the Paraguay job had
opened the eyes Of Mr. BUCHANAN to the necessity
of regarding that distinction q little more closely
in the future, and that it would be some time be-
fore this Government would again compromise its
position among nations, by pledging itself, its
national resources and character, to the enforce
ment of pretensions, either wholly destitute of foun
dation in good faith, or open to reasonable doubt
suspicion.
AS we have said, previous occasion, the
whole matter which has set the two nations at va
rance, is the claim made upon Peru by the owners
of two American vessels, the "Georgiana' and
"Lizzie Thompson" which were captured in Feb
ruary, 1853, by Peruvian vessel of war, while
engaged in violating The laws of that country, and
duly coniscated, with their cargoes, by the
competent. tribunal, in pursuance of the statutes
which they had so violated. 1t happened at the
time that the rebellion of VIvANCo, land not of
ECHENIoUE as the New York Times supposes, J
was in progress. The revolutionary party having
seized upon the guano deposits, which are national
property, had commenced disposing of guano, at
the lowest prices, to all comers, and the two YES
sells in nuesnn hnrihr haan rharfnraA tho nm
pose, by the revolutionary officers or their agents.
were in the act of being loaded with guano for
expectation, when they were discovered and seized
That they were deliberately violating the laws OF
the Republic is conceded. Those laws had been |
published long before; had been officially Commune
ncaed TO this Government, and had by it been |
promulged, in executive reports, TO Congress and |
the people at large. That they were well known |
to the masters OF the vessels in question is not de-
MED, and that those vessels and their cargoes
coniiscaed, in conformity with the legislation which
they had thus treated with contempt, is |
fully conceded. 1t is contended, however, by our
Government-and the whole controversy turns
upon the al gument-that the revolutionary forces
had inaugurated government de tacto at the
points where the vessels were captured, and that
the ship-masters had right TO deal with such
government and under it, and had acquired rights
by such dealing, which the government de jure
could not subsequently divest, without violation
of international law Such is the substance of
the opinion of Mr.. Attorney General BLACK I'M
der whose advice the course of The administration
has been taken. The question raised by this opin-
ion is mingled one of fact and law, and it seems
to US as plain as day, that the doctrine of the At
torney General cannot stand moments scrutiny,
in either point of view.
First--Hs to the question of fact Was there a
government de factO under the re7oled officers, at
the points where the vessels were taken? A gov
eminent de tacto is one which is actually govern
ing within particular jurisdiction. Its whole
authority and legitimacy centred in the single
fact of its ability so to govern. Whenever and
wherever it lacks the physical power, or fails to
maintain and enforce its authority--then and there
IL ceases instantaneousy to be any government at
all. Now il is simply absurd-we respectfully
suhmit-to contend in the case before us, that the
made them government de .facto at the localities
In question, when the seizure of the vessels was
made, in spite of them, within those identical To-
calties, by the cruiser of the Cover nment de jure
beyond all peradventure, the latter government
was also the de tdcto government, for the time, at
those points, for the capture of the vessels demon
strates that it had the power, within those ocaI-
ties, and Notwithstanding the presence of the rebel
forces, to enforce its laws and arrest the par
ties engaged in their violation. The masters of
the vessels, when they relied upon the rebel au- {
thorltes as government in fact assumed the risk
OF that facts continuing, and when therefore, it |
ceased to continue, and the government thereby
ceased de facto to exist, for their protection, they
had nothing to do but TO take the consequences
of which they had voluntarily incurred the risk {
But even if the partizans of VIvANCo had con- S
stituted government in fact at the localities i
where the vessels were found, such fact would not
have altered the case. The doctrine of the At {
torney General, in this regard is merely misun- {
derstanding or misapplcation of familiar and
reasonable rule of international polity. When a I
nation is divided by intestine strife the citizens of
friendly nations, trading to its ports in the prose
cution of legitimate commerce, have doubtless S
IL Al Al. 4 l
they find there, and they incur no responsibility
to the rightfal government by doing so. If they s
find the government, which their own authorities G
recognize, subverted, and de .facto government |
in its place, they may safely pay the duties and t
submit to the local regulations which the latter v
prescribes. If there be no blockade they may en-
ter and clear, with security; deposit their cargoes
and take new Ones and in fine, 60 through all the Il
functions of the lawful commerce which they are Il
pursuing. In other words they may practically II
recognize the existing authorities, so far as Q
the necessities of their legitimate intercourse v
with the country may demand, and they are P
protected by the lawof nations in so doing. a
AND it is perfectly reasonable that this should be
50 because as citizens of friendly Power, they u
nA'1 'ne right TO carry lawful trade with the 81
ha'lon and it is the misfortune or u
'no laai. " Tue latter only, il it is not strong u
ehousA " n"ii'hn possession of its own ports \ p
But the rule goes no farther-not SINGLE stem A
When the friendly trader not content 1;th anb. fl
hitting to the necessities of the o;tr.,;a W
deavors to abuse them; when he under,ol,a, - -
beyond them, and voluntarily deals with ~ >, a
tacto government, not merely as the povernn,o,t O
of the locality, but as the government of the M.
ton, he to be within the protection of The
principle, and takes the chances upon himself. c
Especially is this true, where he undertakes to s
acquire title from or under the party in revolt,