The Portland daily press., 1862-06-27

ognize new states in the revolutions that NAV
occur in the world; and that until such recog-
milton, either by our own Government or the
government to which the new state belonged.
courts of justice are bound to consider the
ancient state of things as remaining unatered.'
The question was again before the court, in
kennett et al. us. Chambers, in 1852, upon
lacts involving the then recent relations of
Texas and Mexico. The former had declared
itself independent of the latter, had achieved
its independence in fact, and was maintaining
separate government, but the established
government of which ii was an integral part
had not acknowledged its independence, nor
had the Government of the United States ac-
knowledged Texas as an independent State.
The court used this language 1t belongs
exclusively to the political department of the
Government to recognize or refuse to recog-
nize new government in foreign country
claiming to have displaced the old and estab-
lshed new one; until the political depart
ment of the government acknowledged the in
dependence of Texas, the judiciary were bound
TO consider the old order of things as having
continued"
In reference to the position actually taken
by our Government, as regards the Confeder-
ate States, Mr.. Morrills report says
In his proclamation of the 10th April, 1861,
the President of the United States denominat-
ed the disturbance then existing in these States
an insurrection against the Government of the
United States and declared that the persons
engaged therein had, by most unwarranta-
BILE assumption of the rights of lawful bellger-
ents, threatened to issue letters of marque, a,i-
thorizing them to whom granted to assault the
persons and seize and confiscate the vessels
and property of citizens of the United States
engaged in commerce upon the seas; and fur
ther, that If any person, under the pretended
authority OF States, or under any other pre-
tence, should molest a vessel of the United
States, or the persons, or cargo on board Of
her, such person would be held amenabIe to
the laws of the United States for the preven-
ton and punishment of piracy
The citizen whose rights of property have
been violated by force of this most unwar-
rantable assumption Of the rights of belliger-
ents.' and whose property has been retaken,
and is detained by the agents of the Govern
ment, may well crave the security which this
most salutary decree of the Chief Executive
of the nation seemed to promise.
The proclamation is a solemn and impress
sive notice to the nation and the world of the
purpose and policy of the Government and OF
what was expected of the people. 1t was
flesh pledge of the national faith to each citi-
zen that the law of piracy would be enforced
against the domestic enemy, and that property
and the rights of property would be protected
to the loyal citizen. =
Ii was a high official affirmation for the in
tegrity of the nation and the enforcement of
the laws for the protection and security of the
rights OF person and property Of all the citi-
zens, and not sounding and Intellectual me-
mace of the enemies of the domestic peace
But the citizen whose appeal is to his own
government may properly invoke in his be-
haif that fundamental principle of the social
compact which enjoins upon civil society the
duty to protect its members in the endowment
of their rights of property. 1t can never be
conceded by the Government of the United
States that the property Of its citizens, within
its limits and jurisdiction, employed in lawful
trade in conformity to prescribed commercial
regulations, may become prize Of war by the
acts of its own citizensr
The bill reported by Mr.. Morrill, in confor-
nifty with the foregoing principles, directs that
the President shall issue Instructions to naval
and military officers, TO return all ships recap
tured from the rebels to their original owners,
who are loyal citizens of the United States.