, 1863-06-05

Sir James Mackintosh and Mr.. Canning
have made the law Of recognition clear |
henceforth for the guidance Of the nations.
Up to the time Of the separation Of her
American colonies from Spain, there meyer
had been genuine instance Of the recog-
milton By Europe Of any revo]ted colonies,
unless we put in our own claim for priority
in this respect. The Spanish colonies had
been in revolt from 1910 to 1922, before
they were recognized by our own Govern
ment, md it was not until toree years after
this that they were recognized by Great
Britain. -
It Is from the case Of these colonies that
the present law Of recognition has pro-
ceeded Jurists, previous to this phenom-
enon, had no examples from which to
argue, and could define no better princi-
pies as basis for public law upon the
question, It is now settled, that in case
Of civil war, a foreign power should con-
slider the two contcnding parties as two
distinct parties, both entitled to the rights
Of belligerents; that during the continu-
ance Of the war, foreign power, desirous
Of preserving neutrality, should remain an
impartial spectator. Il, however, its OWL
relations with the revolted province re-
quirc, and the facts warrant such recog-
milton, the foreign power may recognize
the separate political existence Of the re-
volted province, SO far as regards its for
eign relations, without prejudicing the
question as to it's ultimate and absolute in
dependence Of the parent State; that when
the contest is really over, and the revo1ted
province has established its indepedence
Of the mother country, the foreign power
may recognize the new State, without
waiting for recognition by the mother
country; that when Independence is effec-
tual]y established, recognition is simple
question Of policy on the part Of the for
cign power
This is the law, and according to Sir
James Macintosh, the United States has
contributed as much Us England to fix the
principles Of it. It is clear, therefore, that
England, taking her stand upon this law,
could not recognize the South, and it is
now equally clear that she never contem-
plated such criminal blundcr. The South
has never bore either the provisions Of this
law. She has never had undisputed au-
thority over the territories which she claims
to rule. From the mouth Of the AGssissis-
sipri we have never receded from the COM
mand Of the waters which form IN integ-
ral part Of the Republic. The Blockade
has land locked the rebels, and paralyzed
their shipping and commerce. The pi-
| rate ships which they hare built in
England are q confession Of their
! utter helplessness at home, and a
| a proof to all the world that they have not
the liberty Of the seas, and lack the soyer-
eighty which would Justify even ther 1imi-
ted recognition that is to say, their politi-
cxistance, in respect to foreign relations.
Their territories are underlined, and unde-
Unable; and Grant, and Banks, and Rose
Grams, will soon reduce them to so many
feet for grave.
H,however, this improbable thing should
occur, that the rebels are finally triumph.
ant, and England should be compelled to
recognize the South, in the words Of Mr.
Gibbs, a recent English writer upon tht
doctrine Of recognition, She would bt
false to her traditions, if she could welcome
!; with 1eartiness State, which at the mo
| mcnt Of its entrance into the communit,
Of nations, openly processes principle
, solemn1y condemned by the whole Christ
ian world"