The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-05-30
From the Torcnto Leaderl
RkCoGNlIlON OF THE NEW STATES-THE



southern Cnntederacy as beligerents is a cause
OF offence or OF war, is question that the United
States press has begua to discuss A yirtuaI re-
coghiti0n frequently precedes the actual recogni-
tlun OF new State. OF the former kind is The
recognition of the Southern Confedaracy as bsui
gerents. 1t shows lamentable unacouaintanee
with the principles of international law and the
usages OF NATIONS to assume that, by pursuing this
course, England gives the federal government anv
Just cause OF offence much less of war But since
the question has been raised, it must be Considered
frior to the PeGce of Campotormio Napoleon the
First said the French Republic no more .snaeds
recognition than the sun REQUIRES to he recoC
nized' The facts convey practical recogpition
and no silence can alter them. ssThere is" saws
Phlllmore, the latest and best authority in the
Commentaries upon International Lar 'Do pronosi-
tion upon which there exists a more universal
this virtual and de focto recognition of new State
gives no JnSt cause or offnce the old State mas
much as 1t decides nothing Concerning the asserted
rights of the latter. For, if they be eventually
stained and triumphant, they cannot be question
ed by the third power, which, pending the conflict
has virtually recognized the revoted State" 1t
has been questioned whether the refusal to recop
nize a new State, when the final issue admits of
but little doubt, though the conflict NAV not be
abaa adOned, is offence against the law of na
Mons. Oppenheim decides it in the negative: and
though he admits that such refusal NAV sometimes
border upon injury, it does not constitute casus
GeHi.
The conduct of the old State from which tbe
kind. The old State NAV refuse to recoonza tho
new, as PhiilImore expresses it, ''upon the bare
chance that she may one day or other recover her
'thorlty; but this "is no bar to the complete and
formal recognition of the State by other COM
munities of the world" The doctrine goes much
further Recognition is an international dutv.
which nations cannot in fairness neglect; because
power that is not recognized having position
among the family OF nations is at great disadyan-
tage. The Courts of anv power can onlv take
notice OF new State after their government bas =
recognized its existence. Till then they are bound
t" assume that the old state of things exists This
would deprive the new power of advantages to
which, in common with all Others it is entitIed.-
The time when new State may be recognized
| admits OF some latitude of choice What is neces
| sary ls 1.-The existence of government ackn0wl-
| edged by the people over whom it is set" 1t is
not necessary to wait for perfect undstrrbed
tranquility; for it often happens that this is not
| found even in old communities
From the theory of international law we come
TO the pracilce OF nations; and we shall soon find
the absurdty of the preense at all other no,ions
must wait for the recognition of the new State hv
the power fro m which it has revoted Examines
are abundant Spain refused for nearly eiehtv
years to recognize the Independence of the United
| Netherlands; but every power in Europe with the
exception OF Austria, extended to the new State
| in the interval, both virtual and formal recngni
tion. When ortugal revolted and broke If its
| connection with Spain, the deprived State did not
acknowledge its disobedient child for twenty-one
years, though England recognized Portugal As an
| independent power within year from the issue OF
| the proclamation by the Cortes Of the Duke OF
| BraganZa The English Government entered into
treaty with the new Power, in which the King a
| CASTLE was spoken Of as dspossessed ruler The
formal recognition of Holland took place without
the consent OF Belgium. England and Russia cove
! nanted to send consular agents to Greece several
years before the formal CO milton Of that n1urer
irrespective Of what the Porte might do in tht
| premises. France accepted the Declaration of In
dependence by the British Colonies of America a:
| a lpta pt nf ind
| as "Les EtatS-unis de TAmeriQue se,entrionaIa
| que sont en- pleine possession de PindepenGapct ct
pronounce par leur act du Juliet A, l776'
Two years after, France entered into a treaty with
the revoted Colonies under the name of the limited
| States OF America. 1t is common mistake tC
| suppose that England declared war against Franc,
because she recognized the revoted Colonies as ar
independent nation The cause of the war was tht
| course France had pursued in exciting the rebel
| lion by the employment of agents, in whose me
moirs the whole plot is confessed Both ENGLAND
and the United States recognized the Independence
OF South America long before Spain did so; ant
| when the Spanish Government demonstrated the,
| found unanSwerable reasons for the step they hsI
taken. On this occasion, the United States wer,
some hvs years in advance of England. The rev
olutionary war was still raging; and the issue O
tne m contest was doubtful. As early as 1918. Henry
| Clay argued in the Senate for the RECOGNITION q
South America. 81 would" he said, .recogniz,
any established government in South America.
Without recognition be c1uld not conceive "ius
neutrality "Recogniticn alone,' he trul;
| argued, without aid, is no Just cause of war
With aid, it is not because of the recognition bu
because OF the aid, as aid, without recognition, il
| cause of war"
England has not gone so far as this; and she ha
certainly not overstepped the limits of her rights
In spite OF all the yaporing of the New York press
We cannot believe that the Federal Government
VIII treat the recognition Of the Southern COnIed
eracy by England as belligerents in the way these
| over-Zeaous and indiscreet champions point ont
| The British Minister will not be sent from Wash
ngton upon so slight preext; much less will it b,
| treated as cdsuS beli. There are several other
questions arising out of this difficulty such as The
rig hts of the Federal Government to collect dutie
at sea, the Southern coast, and the validity O
| the letters Of marque issued by the Southern Con
| ederacy, calculated to give uneasiness. At pre-
sent we can only express a hope that their solution
| NAV be amicable; and that nothing will occur I,
realize the predictions Of the Federal press of wa
between England and the United States.
| lNTEMpERANCE ON TIRE INCREASE We regret t.
| learn, as we do from those whose position enable
tnem to know bv daily observ ton, that int mper
ahee Is irightfully on the increase among US. Th
otu ana the ytung, men and women, bows and girls
;n g oug ADDED with fearful rapidity and in swell
th f's f:1' as recruits to the army of this demon O
ar s;lan.' cre'e and society. As in the law
;ntomnaros ~ "Iso In war morals relaxed, anC
intemperhhce and licentiousness mako rand nro
gress where at other times tb "a ii al a. y y
TO snow thelc disgusting features C;nc;nnGt; ",
Quirer. o''o'"'"'' H'
The Cologne Gazette states that ,bo .r,hduL
Ferdinand Maximlian, husband of ,ba priuoa
Charlotte of Belgium, has had about thirtv nois
printed, for private circulation ofa work bap "Vpte h
has written on the Brazs. The work ha ' ~
said to possess much ability and humor ;s 1ad;
ed "ro Charlotte, the companion of my travels an,
my life." an'
Agricultural prospects in Europe are not favor
able. London paper says: CAN agriculture
reports, except those from the south of England
are most gloomy. The trees are loaded with bios
som, but the cold nights and the blightng north
easterly winds prevent the blossom from setting.
In France, too, there are the same complaints. Tn
Tipe-growers anticipate bad vintage.