, 1865-04-05

wrrlike relations with each other were CON
cerred. The laws Of war flowed ou; OF Inc
state Of war; and by the laws OF nations au
other nations must, when there was war,
relognsze the parties TO 1t as neingSlga1. M s -
th, ) were not auch by war it Rua1a na:e
he.n unlawful on the part Of G: cat Britain
to copcede beliigesent tights to the south.
The recognition Of belllgerency WIS duty
impusvd by the Law Of nations, and did NOT
add to nor take from the rights of either
be]ligerent. The state Of civil war beng
acknowledged, the South were entitled ~
the law of nations to BE consideTso s rs Gs h Is
erents in character. They were bouna y AZ
that the law Of nations Imposed on them in
such character. H. here cited from the de-
hate In the House Of Lords on the Queen'S
Proclamation to show that Great Britain GAG
only followed the example Of the United
States In recognizing the Southern Con!eae, 1tans
give to bel1igercnt the power to mise arms
and to fight. This must be carefully distin-
guisbed from the political aspect ofa recog-
nition Of Il c Independence Of til: bclligerens,
which involves all the relations of sovereign
tn. His honor here advefted to the contetn-
plated claims Of, th~ United States against
England, in urging which the United States
refused all consideration Of the obligations
arising ont Of national law by denying the 1e-
ga}ity Of the recognition Of the South by
and France as beliigerents. He
would then ask why should We, to suit the
political purposes Of the North, treat these
men as they would wish us to treat them.
He held that to eet aside the principles OF na-
tional law by denying the lellige1ent charac
ter Of these men, would be establishing
precedent in favor Of the claims Of the United
States for the damages occasioncd by the
Alabama.
OF our ntutt al territory took away the char
acter of belllgerents. and the right to Invoke
the protection arising out Of 1t and it was
further urged that in ding in this country
the paf ties voluntarily resigned that protec-
ton that Bennett IL Young In residing
three or more months1 Toronto had become
to certain extent British subject and was
There was no doubt, from the evidence, that
Young came to Canada in the fall Of 1868 aud
remained until the spring Of 1864, that he re-
mained under the laws Of the country. But
he left In the spring and the words amino
,adae'adi could not oc applied to the man who
received commission.
If ngain there was yio..,tt'ou Of our nell
tralty the law Of nations declared that the
character Of the belliee.ent was not affected
thereby. The United States could not com.
violation OF the law Of nations were also in
yolved. In no sense c6uld violation Of ncu-
trality destroy bel1igercnt character. he
would assume that the violation Of our neu-
trail territory WAS complete and In the largest
sense; suppose, for instance. that General
Lee, with Il, 600 men, should march into our
territory and take posses sion Of our ruilroad
lines for the purpose Of invading Vermont.
Gen. Lees commission would make it
the act of the, Confederate Government,
and YouDg's commission made his net
also the act of the Confederate Government.
He had no right to enter INTO the Question il
the South had the right to secede; but this
was bowAhc North looked at the question.
The Fedahl Government claimed tnat the
several States having surrendered to a Ger
| tain extent their Sovereignty to the United
States the secession Of the Southern States
Was therefore rebellion against the United
States, and no nation had right to recog-
| nize tbcm4. The North. however. had taken
different ground In the Hungarian struggle
| He tht retorc held that the South had risen In
| support Of their political rights. There ws7s
ten millions In the South struggling for DO.
litieal freedom against twenty millions In the
North. Hthis Ras not war for political
| rights he knew not what to call it. P.litlcal
offenders We're not excepted In the treaty it
WAS true, but By The universal law Of thc: M.
| liens they were not regarded as criminal OF.
! finders. and therefore they could not BE- iu-
| clnded I'M the provisions Of the treaty.
That the United states Government had, as
Mr. CIltteAden had eh0Wen in speech IN
Congress upon the conlscation Act, 50 de-
parted from the constitution as to make it
impossible that 1.-THE people Of the United
| States could be bound by the law which goy-
| e{ned them at the time the Ashhurton trvaty
was passed and that they had tight to r.
talitate. The United States were not then
| any longer under the same Conditions as when
they contracted the treaty, and as they
/ could not execute 1t, the other party was not
bcund By 1t. He would not soy that it was
absolutely repealed but he did think It was
| repealed quoad the pnints affected by these
| considerations. This view of the position ot
the people OF tue Southern States had been
held By the Government and Courts Of tic
United States themselves, In support Of which
stat ment he cited the case OF the Savannah
before Judge Nelson. On the whole he hcld
TINT there was NJ authority resting in him to
grant extradltion md the prisoners we're en-.
| titled to their discharge.
| Cpcn this announcement tie spectators
| began to cheer, but order WAS soon restored.
| The Thong In the corridors and in front o
the Court House took up the cheer and con
tlnued 1t }ouger, beiug relieved from the TO.
bsralnt of the officers Of the Court. Wher
order Was restored In the Court room,
A1r. Abbott asked what was the intention
Of the learned counsel for the prosecution, In
relation to the other charges
| Mr.. Ocvlin stated that ht intended to pro-
| coed in every case.
Judge Smith said the prisoners were re
man dtd until Saturday on the second charge
assault with intent to murder.
The Court adjourned and the crowd sloEl]
djspessyd-