The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-05-24
BALTIMORE.
FRIDAY, MAY "a, 1881.

FRIDAY, MAY "a, 1851.
We believe it was Dean SWIFT who said that
he was not surprised that men should be wicked,
but he did sometimes wonder they were not
ashamed In accordance with the wisdom of so
profound an observation, we may cease, perhaps,
to be astonished at the perversity and wickedness
with which the Administration of Mr.. LINCOLN is
trampling down the institutions of the laud-but
we stand aghast at the shamelessness with which
it sets at defiance the common intelligence of man
kind. With Northern forces at his side, and
Northern mob behind him, the representative of
the Chicago platform may naturally feel that the
suspension of the haJeas corpus, the creation Of
standing army, aud the establishment Of martial
law in free country, are trAes which will bring
on him no retribution. But it is strange he can
not realize that there is public opinion of the
civilized world, which not even Mr.. SEWARD can
cajole or General BUTLER can bully, and which
will resent with its indignation, and punish with
its laughter foolish assumptions and preensions
which it may be treason to question on this side
of the water.
1t would be hard to find a more marvellous il
than the audacity with which the Government
sets itself up against the most familiar aud recog
nized doctrines of public law. The Secretary of
State, like Mr.. WINTER DAVIS, appears to be pos
sessed of the idea, that any thing is q fact or q
principle which he finds it convenient to call such.
If he desired to maintain that war is peace, or
rice gerSd, he would not hesitate to announce the
proposition, in two or three unctuous and dera-
gogical paragraphs, and instruct Mr.. DAYTON, or
somebody else, to inform all Europe, that ''no
"candid statesman" could be found to de-
ny it. Having thus established the prece-
dent, he would 90 on and reason from it, as
from an axiom, and the Tribune would threaten
Great Britain and France with the Minnesota and
Col. MuLLIGAN, if there should be any hesitation
about admitting it in those contumacous quarters.
We have been particularly struck, in this con-
nection, with the Indignation which has been
manifested in government circles here, at Lord
JOHN RUssELL's intimation, now sustained by the
whole press of London, that the Southern Confed-
eracy is to be treated as a " belligcrent." under
the law of nations. Whatever doubt may have
existed in Europe on that subject when the de-
bates referred to took place in Parliament and the
recent articles in the British journals were writ
ten, we suppose it to be quite clear that all IN
certainty must have disappeared at once, upon
the subsequent receipt Of the letter of Mr. SEWARD
himself TO Mr.. DAYTON. In that letter. the
Secretary of State settled the question, irrevoca-
bly,, by declaring and instructing Mr. DAYTON to
announce that "cvil war 90 open, fragrant,
deadly war EXISTED between the Confederated
and the United States. Down to that time Eng
land and France might have awaited proof as TO
whether the strife had risen from an Finsurrec-
" ton " or rebellion to that grade of conflict
which the law of nations defines and designates
as war" But Mr.. SEWARD himself determined
the question for them, in phrase and for him
or his to pretend that party to an acknowledged
" war is not "belgerent," entitled to the
rights of such, as well from the opposing party as
from neutrals is to suppose that the world is filed
with half-grown children. The Supreme Court
OF the United States, if we are not mistaken, has
settled the point, without need of reference to
elementary writers or the views of foreign gov
ernments. DIR. SEWARD may, perhaps, have
forgotten that such q tribunal as the Sill
preme Court exists. He ought, certainly.
to desire to forget it. after having so dis
reputably libelled it, in regard to the DRIED ScoTr
case. But If he does not remember it, other peo-
pie do. We see that the London Post is ouito
familiar with its existence In the famous case Of
the Santlsima Trinidad, & Wheaton's Reports.
zo3, 10 which the Post reiers-Mr. Justice STORY,
good Northern authority, delivering the opin-
ION OF the Court-it was held that so soon as the
United States Government had 'trecognized the
existence of a civil war between Spain and her
colonies, and had determined to be neutral be-
tween them, leach party was therefore deemed by
Jus a6ettgerent nation haUing, far as concerns
as, the socereign rights Of acar, and entitled to be re-.
spected in the exercise Of these rights.n If the re-
cognition, by our Government, of the existence
OF civil war between Spain and her colonies,
made each a "belligerent nation" as to us,
and gave to each so far were concerned
1.-THE sovereign rights of war;" is it. not ex-
ceeding even diplomatic effrontery to deny that
the recognition, by our Government, of the pend
ency OF civil war, between itself and a con-
federacy OF States once parties to its Constitution,
has conferred on all the rest of the world. as
against us, the right to regard the Southern Con-
federacy as "a belligerent nation" with "the
sovereign rights of war" attached to its bel
ligerent nationality? The point is one which
1t is not respectful to intelligent readers
10 discuss, and the governments of Europe will
deal with it accordingly. The law of nations
leaves them one of two things to do-either of
which they may rightfully do, in their discretion,
without giving to the government of the United
States any just cause of complaint, under the
usages OF the civilized world. They NAV eitbor
carry on lawful trade and intercourse as peutro,s
with both belligerents, without recognizing the
new government; or they may recognize it and
Still be neutral. They have their election to mr.
sue either course, as their interests or inclination
may dictate, and that their obvious interests will
control their incinations may be safely presumed
If they recognize the Southern Confederacv as an
independent nation their treaties will regulate the
relations they may hold to it. If they content
themselves with recognizing it merely as bel
"ligerent," the consequences follow which Judge
STORY has plainly announced in the case above
referred to. They cannot interfere to the preu,
"dice of either bellgerent, without making them
"seives parties to the contest, and departing from
" the posture of neutrality. AH captures made b,
each must be considered as hapinq the same gaz;d
ay, and all the immunihes achich man be claimed
dy public ships an their ports, under the Ian, OF
nations, must be considered as egually the riq6t