The Oxford intelligencer., 1861-05-01

lut NauonaI lntc1Aken@1, OF NnSMuxtou
City, has loog sussa;ned dsssrvsdly IN rep
nation in O. worl1 Of journslisrn, founded No
less upon Re signal ability which 4 brossht d
The discussoh q great political questions, than
upon the eandor dignity md Moderation AM
formly displayed in its columns, and its evident
by earnest purpose to cunHns It's statements Of
iact isidly within the limits Of the truth. The
large acquaintance Of IFS senior editor with the
political history Of the United States, and his
familiarity with the doctrines Of public law, are
so well known 10 the readers Of his widely cir
.cuiated jeurnsi that they-arc gsncraiiy disposed
to receive, as true. without examination. what
ever uttcrances the National Iptelligsncer may
put forth upon those topics We observed, with
no little SURPRISE In that paper Of the goth Of
April the following singular paragraph: is-s
s'pRrArERRssa- Letters Of marquc and re-
prisal can be issued only by recognized Govern
ments, whose sovereignty Is acknowledged BY
the other nations Of tho earth, and Mr. Davis
will not pretend that the Government Of which
he is the head has yet been recognized by any
nation. sPrivate armed vessels on the high
seas" making dcpredations upon other vessels
with a commission emanating from such source
would be regarded rs pirates, and pirates only
by the whole world Besides, all nations now
look with disfavor upon the system even when
there can be no dispute about the sovereignty Of
the Government issuing the letters o. the JUS
tice Of the cailse in behalf Of which they arr Is
sued. And into what port would such priva-
tecrs carry their priest"
We have characterized the foregoing para
grsph. as singular" but we think we might
have been justified in employing stronger Ian
guagc Our venerable contemporary and name
sake seems to have been more anxious to uphold
the coercive policy of Abraham Lincoln, the ty-
rant and usurpcr and to frighten timid people
with the idea that our privateers will be dealt
with as pirates, than correctly to state those
rules Of public law which are applicable to .
state Of war between the United and the Con-
federate States If "lettcrs of marque and re-
prisal can only be issued by Governments whose
sovereignty is acknowledged by the other ma
tons of the GARTH" we ere at a loss to under
stand certain proceedings Of the United Amcri-
can Colonies, prior to the Declaration Of indie
pendence. As early as November 20, l775, the
Colonial Congress passed an ordinance to au-
thorizc the people Of the Colonies to cruise
against the commerce Of Great Britain, and 9TH
or ordinances and resolutions on that subject
were adopted by the same body on the 9th De-
cember, 1875, on the 9Th January, 23d March,
and I'd and Sd April 177e. Privateers were
forthwith commissioned and proceeded to cap
turc British property upon the high seas; and
If the independence of the Colonies was ever re-
cognized by any foreign power, before the 9Th
Of February, 177s, when France made a treaty
with us, we have yet to learn the fact. And If
any of those who engaged in this business of
privatecring were ever subjected to the doom Of
pirates, we believe History has failed to record
the circumstances. Again: il is well-known
fact that protractcd war was waged between
Spain and her revoltcd South American Colonies,
in the early part Of the present century, for ma
ny years, and that the independence Of the lat
ter was not recognized by the United States un-
iii 1922. In 1917, one Palmer, with others,
was indicted in the United States District Court
in Massachusetts,, for piracy, in capturing yes
sci upon the high seas under the authority Of a
commission issucd'by one Of the unacknowlcdg
cd Spanish American Republics The case went
up to the Supreme Court Of the United States,
and is reported in Wheaton, 6lo. That tri-
bunal declared that "this Court is further Of
opinion, that when civil war wages in for
cgn nation, one part Of which separates itself
from the old established government and erects
itself into distinct government. the Courts Of
the Union must view such newly constituted
government as it is viewed by the Legislative
and executive departments Of the government
Of the United States. IL the government Of the
Union remains neutral, but recognizes the exist
cncc Of civil war, the Courts Of the Union
cannot consider as criminal those acts Of hostil-
ity which war authorizes, and which the new
government may direct against its enemy
'sTo decide otherwise" said Chief Justice Mar
shall, would be to determine that the war pros
ecuted by one of the parties was uplawful and
would be to arrange the nation, 10 which the
Court belongs, against that party. This would
transcend the limits prescribed to the judicial
department." Kent, in his Commentaries, vol.
I, p %. says :--.Prior to the recognition Of the
Of the Spanish colonies in Aneri-
ca, and during the existence Of the civil war be-
tween Spain and her colonies, II was the declar-
cd pelicy Of the government Of the United States
to remain neutral, and to allow TO each Of the
belligcrent parties the same rights Of asylum
and hospitality, and to consider them, in respect
to the neutral relation and duties of the United
States, as equally entitled to the sovereign rights
of war as against each other" This policy will
not be departed from, to our prejudice by any
Of the great powers Of Europe They will not
lakeside with the United States in war pros
rcutcd for our subjugation. Instead Of treating
our priEateers as pirates, they will observe to-
wards them the established rules of information
II law, and extend to us, as the United States
extended to the reyolted Colonies of Spain, the
jul benefit of the laws of war as against our
,nemy. Abraham Lincoln, the N. York Cham
DIT Of Commerce, and the National Tntelligencer,
nay invent and propagate their novel theories
Il international law; hut 'the whole world" |
instead Of accepting those theories win act up
N those which have hitherto regulated the con-
luct Of civilized nations. Nobody viii be de-
erred from applying. for letters of marina To |