Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1862-12-15
TUE LAW. POLICY AND PREcEDESfs OF RE
coGSITIoN, FROM Az ENGLISH POINT OF

A writer over the signature oil 'htstoTse"', ~ '"e
London Times having argued at much length to prove
that all these forbid the recognition Of the Confederate
States at the present time by the Governments OF Great
Rritan contributor to the London Morning Herald
rsnie in the issue Of that Journal for November 2oth
IA CODY of which have been so fortunate as 70 oo
tain TIE interest of the subject warrants ITS repro
duetion in full:
SIp-Will YOU permit me to make some observations
on letter lately published IN the Times under the sig
uure of "Historcus" upon The internationa doctrine
OF recognition y and which surprised should have
remained long unanswered. Its writer, carefully as
tupushine between that which strictly belongs to the
province OF law and that which properly belongs TO the
dominion of policy" only incidentally deals with the
latter most important branch Of the subject contend
ing ia a learned and elaborate argument, mat We can
not consistently with international law acknorleugf Tue
Confederate States of America as dc fdeto iDnependeh
since the contest for their freedom from Federh domi
nation 'is not vet absolutely permanently Needed
Therefore he maintains that any such recogniton would
give reasonable Of offence 20 their ioer so'e
reign authority, the government at washington ana
might become legitimate occasion for war; polnuhg
out as further difficulties in the way, an indetermnate
boundary aud the existence OF slavery In the
States ...-
venture to affirm that these supposed Insurmopnta
BILE obstaelest our immediate acknowledgment OF the
South" as indicated by " Hisoreus," are purely una
".
constituted State Is not much question Of ildehned
public jurisprudence whose solution should be Tor
in old textbooks as one of great but 10
be determined with due regard for attendant creum
st,nce- the exact period and mode ofrecQgnt on being
usually lite governed BY preeedents by ans under
food maxims OF unwritten Law. The excluding all
motives of POLICY from consideration, and tleaung
recognition" a. d merely formal act determinable by
known rules but necessarily entailing political
consequences appears IL be the material error that
AIs-Na. PAnaaT-
nition scarcely less than intervention is aboss ard
beyond the domain Of law, and when wisely and justly
handled hy those who have power togye effect may be
the highest policy Of justice and humanity" If policy
should require the acknowledgment Of recently created
power there is recognized law which could dlsallow
t." Neither has this recognition bson generally resented a
hostile act towards he sovereignty OF that State which
had dominion over the enanepated
peope nor has il been regarded breach OF neutrality
Thus in former times France aud England made treaties
with the Dutch aud with the Portuguese while those nations
ere still combating for because il was
thought advisable TO diminish the power OF Spain, whose
nordinate ambition and extended domnions were be.
coming dangerous TO the liberties ofEurOpe The French
Government entered into engagements with our reyoed
American colonies ut the toreseen risk OF war with Brit
ain in order 10 Lruvepi Ter unprecedented naval suprena-
CIV and although the English f9rces still held New York
ui,b almost all the Atlantic seaboaTd. Wheh weRccred
ed dplomatic agents the South American republics
h was EXPRESSLY for the sake Of acquiring political and
commercial advantages Mr. Canning having boosted That
he called new world into existence TO redress the bal
auce of the old" 10 the instance of Greece some time
after having admitted the Legerent rights of the sur-
cents hut before any treaty cfinteryenlon hsd been
signed We 40 far acknowledged the Greek prGrsionai
government at NapOi d Romania that official communr
cations were repeatedly transmitted u u through The
commander of our squadron IN the Levant aud thS'
without giving rise any reclamation from the forte
Afterwards when the allies orciby inteposed they did
,.rlf Nr . ha listat a. nj
and to stay thS GAyage warfare carried on by iureo
Ecyptian armies who -e.s Systematically deSoIa
ing whole provinces in the Morea, Lee tederals
have devastated Virginia, Kentucky aud Tennessee
Al that Time the boundaries Of this little state almost
At its last gasp yerv wholly undetermined; neither
Negropont, nor even Attirg, Icing auy more IN pos
session of the He!lenisis than Maryland and New
Orleans in that of the COHirderates WeineryeAed be-
tween Holland and Belgium 10 terminate an ineessant
strife between peoples whose diverse interests ire
ings character and institutions incompatible Win
pesceful union Inder one government, and whose dis
mates impered the peace OF Europe. Finally, after our
RECOGNITION OF the ucw Italian Kingdom when it was
not considered essential that its geographical bounda
res should be "clearly defined" Earl Russell usthed
the Intervention of Piedmont by quotation from Vat
TEL TO the effect that when people for good reasons
take up arms against oppressor it Is but an act OF
Justice aud generosity assist brave men in the defence
of their liberties" But there is yet other remark
able admis- oa that Of Texas ayished from Mexico by
American Immigrants and whose assumed independence
gland made haste 10 acEBf ledge while II was so IN
eboate" Us not TO eudur many noEths are It's citizens
Nere in to cast in their lot with tho United States
All these cases whether Of recognition or Intervention,
and which csembls IN some respects that OF The present
contest in America dscded on one and the ZANE
princ, lie OF presumed political necessity This, too u
now more especially involved in the disruption Ct m
oyerrrown Confederation constantly increasing IN power
.rd guided by reckless spirit Of encroaebnent whose
monument politicians declare that it asprcs TO "domi
nate the Atlantic aud Pacific oceans making no secret
NJ designs dangerous the security OF commerce and
meuacing the independence of weaker States
Representative from the Southern Coniederes ear
nesty assure us that the impossby of an enforced re-
union having been abundantly proved the mlseries
caused bv war being uow grevously felt on both
sides aud the cry for peace waxing daily stronger IN the
North where violent party contests are no" raging their
acknow ledgmeut by Europe would soon lead to the
conclusion of conflict dsmonstrably futile, disastrous
for other nations aud runOus to 10th ihe c9mbatants
ON the other hand Federal orators who tell Us that after
the suhugaon of their domestic foes they will "subdue
Canada aud regulate the affairs OF Mexico, Nehemcntly
denouncc any European Interference as mische'ous
meddlng with their schemes for conquest; so that we
may fairly conclude il would not be very lar wrong.
The arrangement of a suitable frontier between North
and South-wthout which "TIstorcus' insists THAT
there can be no practical question OF recognition -
whether the Border States should ultimately form Sepi-
rate commonwealth or what may be deemed sufficient
guarantees Tor Navigation Oh ule h>sss'pp' "iS H
subjects which must of necessity be debated amongst
those most nearly concerned and after an armstice shall
have been agreed upon istoricus anticipates dead
lock in any negotiation with the South upon the difficult
point of slavery but the fact of its existence there cannot
be serious impairment to cur recognition OF the Coned
erscy aud should bar troldy commercial intet-
coue with tho Plantation States than has heretofore dis
ured our amicahe relations with the entire non. with
the Br1s with Spain Turkey tisquite possible how
ever that provision may introduced
treaties with the Conescates inviting their favorable
consideration 10 the subject and this indeed, seems to
Offer the most hopeful prospect for an eventual liberia
ton of their negro bOudsmep, exccraled by the whole
Northern population Surely It can never be the duty
of foreign States 10 define the limits Of slavery IN
America or to determine it, conditions" In word,
take leave TO observe that the questions which manly de-
serves TO be considered 10y maritime powers are whether
M tho Ennlnlcrlln SlALes.