The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1869-12-08


Other objections were urged by the coun
sci to the sufficiency of the evidence Offered
by ]. Morales Lemus, to show that he was
authorized to represent and claim for thu
Republic of Cuba.
This like the question Of title, the Cour
regards as not now necessary to be consid
| cred.
l listened with care and much interest t.
the argument of the learned counsel wht
| addressed the Court in behalf of the party
who asks to be admitted as agent, and tt
| claim, and to authorities read and comment
ed upon by him.
| l have examined the authorities cited or
both sides, and considered these authorities
and the arguments with care and have been
| forced to the conclusion that this question
| is with the United States, and must so de-
| clare.
CONFESS to some degree of hesitancy in SO
declaring because, partially cosidered it may
seem as if it recognized to some extent,
a right in the strong to deny justice to the
weak. But if anything should be yielded
for such consideration, it would be alto
gether unjustifable on my part. Less de-
feasible for me would such cause be for
the reason that l entertain so clearly the
opinion, that Courts have no right to consider
any question of law submitted to them in
policy view.
Courts should construe the law-ascer-
tain and declare the law, as it is, without
reference to any opinion of the Judge as to
what the law should BE-
Though no case parallel to this case has
been cited, yet cases have been referred to
and commented upon by the counsel for the
govement, which in my opinion conclusive
ly settle this question,
will first refer to the case of the U. S, V.
Palmer Sd. Wheat 610. This was an indict-
ment against the defendant and others under
the Act of Congress for robbery upon the
high seas-in the Circuit Court for the Dis
trict of Massachusetts. The Judges were not
agreed, and certified eleven questions for the
opinion of the Supreme Court. That emf
nent Judge, Chief Justice Marshal deliver
ed the opinion of the Court l will only re-
fer to the remarks of the learned Chief JUS
tice upon the tenth question so certified
"The question is certified in the follow
ing language" whether any colony, dis
trict or people who have revolted from their
native allegiance and have assumed upon
themselves the exercise of independent and
sovereign power, can be deemed IN any
Court of the United States an independent
or sovereign nation or government, until
they have been acknowledged as such by
the government of the United States and
whether such acknowledgement can be
proved in Court of the United States 9th
erwise than by some act, resolution or stat.
ute of Congress or by some public procla-
nation or other public act of the Exc
cutive authority of the United States, d.
rectly containing or announcing such ac-
acknowledgement, or by publicly receiving
or acknowledging an ambassador
or other public minister from such colony,
district or people; and whether such ac-
acknowledgement can be proved by mere in
ference from the private acts or private in
structions of the Executive of the United
States, where no public acknowledgement
has ever been made and whether the courts
OF the States are bound judiciously to take
notice of the existing relations of the States
as to foreign States and soveignties, their
colonies and dependencies"
That great Judge and the Supreme court
declares as follows: "Those questions which
respect the rights OF foreign empire which
asserts and is contending for its indepen-
dence and the conduct which must be OBJ
served by the courts of the Union towards
the subjects of such sections of an empire
who may be brought before the tribunals of
this country-are equally difficult and deli
cate
AS it is understood that the construction
which has been given to the Acts of Con-
gress will render particular answer unneces-
sary, the Court will only observe that such
questions are generally rather political than
legal in their character
They belong more properly to those who
can declare what the law shall be, who can
place the nation in such position with re-
spect to foreign powers as to their iudg
ment may seem wise, to whom are Entrusted
all its foreign relations; than to that tribu-
nal whose power as well as duty is confin-
ed to the application of the rule which the
Legislature may prescribe for it. In such
contests the nation may engage itself with
one party or the other-may observe ALSO
lutte neutrality recognize the new
State absolutely, or may make limited re-
cognition of it. The proceedings in courts
must depend so entirely on the course of
the government that it is difficult to give
precise answer to questions which do not
refer to particular nation.
This Court is of opinion that, when a
civil war wages in "A foreign nation-one
part of which separates itself from the old
established Government and erects itself
into distinct government-the Courts of
the Union must view such newly constitu-
ted government as it is viewed by the Leg
islative and Executive Departments of the
United States"
Then the same learned Judge, in the case
OF the Diyina Pastora, "a Wheat. 52,) deci-
ded at the next term of the Supreme Court,
says tnat"the decision at the last term.in Uui-
ted States v. Palmer, establishes the princ-
pie that the Government of the onion hav-
ing recognized the existencs of civil war
between Spain and her colonies, but remain
ing neutral, the Courts of the Union arc
bound to consider as lawful, those acts
which war authorizes, and which the new
Government in South America may direct
against their enemy" Hence conclude that
for the reason that the Government of the
United States had recognized the existence
OF civil war between Spain and her colo
mics, the Courts were forbidden to saw that
the act OF capturing the Divina Pastora was
unlawful. That the Court could not saw
after such an acknowledgment, if the can.
turing ship had come within the jurisdiction
OF the United States, that she was a pirati-
cal vessel, and treat her as such. That the
effect OF this acknowledgment was to accord
to the new power belligerent rights, so far
as the United States were concerned; one of
which Is to grant letters of marque and repri-
sal, one OF the important advantages arising
rom winch ITO such as act under them) is
exemption from the penalty for piracy.n
rms is but saying to such a people that
Cling to seperate from the mother coun,ry
That whether revolted colony is to he
treated as sovereign State even de faeto is
!, political question and to be decided bv
me government and not the Court has been