Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-01
The English GOVer~ ment and Southern
PFivatecFs.

MsSsrs Editors In one of his famous proclama-
tiOns President Lincoln has declared his determine
ton to treat pirates all prvateers sailing under
the commission OF the Government at Montgomery
On the other hand, Lord John Russell, in his reply
to a question as to the Legality of the commission
under which these vessels are sailing, announced
that the Government had consulted the law officers
OF the Crown, and had come to the opinion that the
Southern Confederacy of America must be treated
as ueligerents and the letters of marque egiti-
mate-not as piratical. 1t may be or interest to
your readers to know that this very question arose
on the trial of John Palmer and others who were
indicted for piracy in the United States Court held
at Boston, on the 18th of October, 1917. In that
case (Which is reported in Sd Wheaton, at page
6l0) the following question among Others was pro-
posed by the Circuit Court of the United States for
the District of Massachusetts,:
Whether any revolted colony, district or people
which have thrown off their allegiance to their
mother country, but have never been acknowledged
by the United States sovereign or independent
nation or power, have authority to issue commits
siOns to make captures on the high seas of the per-
sons property and vessels of the subjects of the
mother country, who retain their allegiance, and
whether the captures made by such commissioners
are as to the United States, to be deemed lawful
and whether the forcbe seizure, with violence and
by putting in fear of the persons board the YES
sells the property of the subjects of such mother
country, who retain their allegiance on the high
seas in virtue of such commissions, is not to be
deemed robbery or piracy"
Judge Marshall delivering the opinion Iof the
Court said:
chose questions which respect the right of part
of foreign empire, which asserts and is contend
ing for its independence, equally delicate and
difficult. In such contests ma
lion may engage itself with the one party or the
other-may observe absolute neutrality-may re-
coCnize the new State absolutely, or may make
limited recognition of it. 1t may be said generally
that if the government remains neutral and recog
nzes the existence of civil war, its Courts cannot
consider as criminal those acts of hostility which
war authorizes, and which the new governor may !
direct against its enemy. In general the same tes-
timony which would be sufficient to prove that /
vessel or person is in the service of an acknowl-
edged State must be admitted to prove that vessel
or person is in the service of such newly erected
government -n--.-
an the subsequent case of the SauIessema Trini-
dad and the St Andre, it decided that during
the existence of the civil war between SPAN and
her Colonies and previous to the acknowledgment of
the independence of the latter by the United States,
the Colonies were to be regarded belligerent na
tons and entitled so far concerned the United
States to all the sovereign rights of war against
their enemy"
The conclusion to which the law officers of the
Crown arrived is therefore, amply sustained by the
decisions of the United States Courts. According
to their own authorities the Confederate States are
entitled to all tie sovereign rights of war against
their enemy, and of course among others, TO the
right of issuing letters of marqne.
From the London Observer, May -.
On Saturday there was full attendance of the
Committee of the Priyy Council in Whitehall, which
was attended by the leading members OF tue CabI-
let and where the Attorney and Solicitor Genera!
md the Queens Advocate were present. for the pur-
pose of giving their advice and assistance in settling
he proclamation which will be issued by the Queen
n Council on Tuesday Ito morrow, for the guld-
nre IF British subjects in the unnatural ariare
which is too likely to assume very serious dimen-
IONS This proclamation will be BY no means of
mere routine or customary character. The vast
ess of our trade-the extent of our intercourse
"a great probability of q desire on the part OF
he rash aud reckless to take part in the strugg lie
the greed of gain-the spirit of enterprise
all seem to require the mos!Watchful care = |