The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-03-28
BALTIMORE.
THURSDAY, MARCH %, 1861.

A certain portion of the Republican party is still
bunting up arguments to prove the Illegally OF
the secession movement, and is clamorous for CO.
ercion. 1t insists that the Government of the
Confederate States is neither a government de Jare
nor de facto that the UNION is not, either theoret-
ically or practically, dissolved; and that the PEG
ple of the Gulf States are and ought to be treated
as rebels and not as parties to q civil war. AL
though the seven seeding States have declared
their independence of the Government at Wash
ington, and have established confederacy within
which Mr.. LINCOLN finds it impossible to enforce
single one of the laws of the UNITED STATES; and
though they are enrolling troops and are even
now prepared to maintain their position by force
of arms, still, Notwithstanding all these facts,
there are multiudes of men in the North who will
only consider the technical points of the contro-
versy and who demand that summary justice
shall be done, in due form of law, upon the in
surgents. They would not only have the Admin
istration take Charleston and New Orleans, but
they would afterwards urge it to hang all those
who had .yentured to resist it. The people of the
Confederate States are, it is said, only so many
traitors, and therefore they must expect TO be
treated accordingly. As the Republicans are APP
parently determined to persist in confoundng the
insubordination which violates the Constitution
with revolution which has subvered the Con-
sitution, and TO deal with their opponents as
with mere rebels, it may be well for them
to inquire whether they are right merely
in point of law. Could they legally sub
ject Mr.. JEFFERSON DAVIS, if he fell into their
hands, to the same punishment that WASHINGTON
would have inflicted on ARNoLD2 Would they
be justified, in the eyes of the world, in hanging
all the soldiers in the Southern army who fell into
their power? We think not; and we are sure we
have sufficient warrant for thinking as we do.
If collision should take place between us and the
people of the Confederate States the latter would
then occupy the position, not of rebels but of
of the parties to civil war, and the laws of all
civilized nations would sustain their claim to be
so regarded. As no writer upon this subject is of
higher authority than VATTEL, the following ex-
tracts from his claw of Nations are all that need
be quoted in support of our view. The italics are
our own.
"when aparty is formed in a State who longer obey
the sovereign and possessed of sufficient strength
oppose hmor 1chen in republic the nation is dirided
into two opposite factions, and both sides take up
Custom appropriaes the term GIRL ror every be-
tween the members OF one and the political society
If it be between part of the citizens one side and
the sovereign, with those who continue in obedience
him, the other-provided the macontents have any
reason for taking nothing further is required
enttle such disturbance to the ofcivi war; and
that Of rebelliSn This latter term is applied only to
such an instruction against lawful authority void
Of all appearance Of justice. The sovereign indeed,
never fails to bestow the appellaon of rebels all such
of his subjects openly resist him. Gut lyhen the latter
hare acquired sufficient strength to are him eGect,aI op
position, and to o6tge him to carry on the against
them according to the established rules he must
lily submit to the use of the term civil war;
civil war breaks the bonds of society and
government Or at least, suspends their force and effect
ProducsS IN the nation tcO Independent parties who
sder each other as enemies and acknowledge common
judge Those tlco parties therefore, necessarily be
considered encefor iuting at least for time
t,co separate bodies distinct societies Though one
Of the parties may have been blame in breaking the
unity of the State and resisting the lawful thew
not the less vided in fact Besides who shall Judge
them Who shall pronounce which side the right
the wrong lies? On earth they have no common supe.
rior They stand therefore, precisely the redic
dment as too nations 1Cho engage IN contest and being
andbe TO come to agreement hare 10 arms
But when nation becomes divided into two
parties absolutely independent longer acknowl
edging common superior, the State is diSSolUed and The
1car 6et0een the taoo parties stands the ground
tiOns."
If this is correctexposition of the law of nations
can there be any doubt as to the category in which
the people Of the confederate States would be
placed in case of collision between them and
their late brethren of the remaining portion of the
UNION? Could any sane man, in view of the
unanimity with which the inhabitants of the Sc.
ceding States would engage in such struggle and
of the extent of their resources, still insist that
there was only a rebellion in the country, and not
civil war? Would any one, in such an event,
seriously propose to punish the members of the
Southern Congress and the rank and file of the
Southern army as so many individuals guilty of
high treason2 These questions the Republican
party should gravely consider before it initiates
coercive measures; for if it attempts to carry on
the contest on any such theories as it now advo-
Gates, it will not only commit an irretrievable
error, but it will provoke fearful reprisals, and
reprisals which the world will justify. For, in
whatever light the North may affect to regard the
controversy, other nations will adhere to VATTEL
and to the common-seuse view of the matter, and
treating it as civil war; they will assuredy lean
to that side to which their own interests may
incline.