The Oxford intelligencer. (Oxford, Miss.) 1860-18??, 1861-02-13
Will England Recognize the seced-
fHs Sfafesf

utmost importance 20 our future welfare. We are
looking forward TO the negotiation Of commercial
treaties with England and rely, to some extent,
upon her influence IL not upon her active assistance
to prevent the non-seceding States from bloekading
ports 1t is obvious, that if England refuses to
recognize US rs sovereign and independent States she
cannot treat with in that characters andi is equal
ly obvious, that, in the contingency, cannot
expect that she viii inerpose to protect ne freedom
OF our ports
The question of recognizing our independence as
presented to England, possesses pecuIiari-
ties Of feature, not found in any antecedent case.
Writers upon international law have confined their
discussions, upon topics connected with the recog-
milton Of new governments, to in which reyo-
luton in State is effected by province or colony
casting off its allegiance to the sovereignty which it
had previously acknowledged and obeyed. None OF
them treat of in which sovereign States by the
abrogstion of a compact between themselves resolve
into its original elements the confederaey through
whose agency their affairs with other powers had been
conducted and claim each for ITSELF to exercise those
rights which pertain to every member Of the family
of Nations. When the American colonies reyolted
from Great Britain, their independence was acknow-
lodged by France before it had been admitted by the
mother country. The Independence of the Spanish
American provinces, more recently, was acknow-
lodged by England, the United States, and various
other powers, whilst Spain continued to refuse her
assent According TO the rule laid down by every
respectable writer this subject neither England in
the former case nor Spain, in the latter, had any
right to complain that other nations acknowledged
the independence of their revolted colonies during
the pendency of struggle the part of the parent
countries, to put down the revolution 1t is the es-
tabshed doctrine that whilst civil war RACES other
powers may either remain passive observing strict
neutrality or may acknowledge the independence of
the State forming with it treaties Of amty and
commerce; or may join in alliance with one party
against the other" Such being the general principle
and every government being at liberty to apply it,
cases arise in accordance with its views Of policy
and prudence have next to inquire whss has been
the practice of England in this behalf On this point
we learn, from numerous historical examples, that
her general rule has been, like that of the United
States, to recognize the independence of every new
State that proves its ability to maintain that indepen
dcnce.
From the foregoing views and statements it results
that, if the seeding States were simply revolted
provinces of the United States they might reasonably
expect that England, in view of their manifest ability
to assert their claim to be regarded States de acto
would readily acknowledge and treat with them as
independent States
The truth is, however, that The independence of the
seeding States has already been aek1oiedgedJy Great
Britain. The first of the Provisional Articles"
that agreed upon between George the Third and
the United States, on the 3Oth of November, 1882,
sets forth that
His Britannia Majesty Acknowledges the said
United States, viz: New Hampshire, Massachusetts
Bay, Rhode Island and Providence Plantations Con-
necticut, New York, New Jersey Pennsylvania, Del
aware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia, to be free, sovereign, and in
dependent States; that he treats with them as such;
and for HIMSELF his heirs, and successors relinqushes
all claims to the government propriety and ter1itor-
ial rights of the same, and every part thereof"
The same acknowledgment constituted the first
article of the deinitivc treaty of peace which was
concluded between the same parties on the 3D. of
September, 1888.
Now it is to he borne in mind, that, when Great
Britain thus acknowledged the independence of the
United States these latter were united under the old
Articles of Confederation the first article of which
coucei in these terms go Each State retains its
sovereignty, freedom, and independence and every
rover jurisdiction and right, which is not, BY this
confederation, expressly delegated to the United
States in Congress assembled" The Constitution as
framed by the Convention of 1877, contained no such
provision; and, on this account, among other reasons
several Of the States expressed desire that the in
strument should be amended Accordingly, in 1891.
the following (the 10th amended artice) was made a
part of the Constitution -" The powers not deegat
ed to the United States by the Constitution, nor pro-
hbed by it to the States are reserved to the States
respectively, to the people" This, in substance
and effect was equivalent to the reservation of State
rights that contained in the articles of Confedea-
ton, nasmuch as the States did not by any provision
of the Constitution, delegate to the United States
their sovereignty, freedom, independence; nor
docs the Constitution any where "prohibit to the
States" the exercise of the rights of sovereignty free
dom, or independence.
England in treating with the original thirteen
H'e, IeSIueu Incih as 50 many instinct ana lnue-
pendent nationaes acting, in reference to their ex-
terror relations with other nations through the me-
dium of a common agent created by their will known
under the designation of "the United States" and
clothed with certain specific and enumerated powers,
which delegated, merely aud not surrendered,
by the principals (the States) to their agent When
subsequently, States organized and ncor-
poraed into the Union, England, by continuing her
former relations with the agent recognized the indie
pendence of such States, and without any formal
provision to that effect admitted them to her alliance
upon the same footing with 1" the old Thirteen"
Any one, therefore, of the late United States may
upon her resumption of the powers heretofore dele
gated to the General Government as the common
agent of the several States demand at the hands of
Great Britain, ineontestable right that she shall
continue to be recognized an independent State
possessing the inherent prerogative of conducting
directly, her negotiations with foreign powers, and
being no longer bound by the acts of agent whose
authority she has revoked Upon the settled prinei
pies of public law as declared by all the authorities
England would be bound to accede to this demand
Should the socaed United States resist this claim
of right and assert countcrelam of sovereignty as
against the seeded State, the English government
could only regard such countercaim attempt at
,,s,,r,aon raLed -roundIess and indefensiIle which