The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-27

recognized Islands OF the Pacific Ocean and the
whomever we are not at war. We sometimes COM
municae with these unrecOgnized political bodies IN
their assumed character without granting them any
with the unrecognized Barbary States.
Immediately after the passage OF the act OF 1878
by the political branch Of Z he government TOOK
judicial notice OF state OF war between Spain ana
tne revolted colony, district and people OF venezu-
same effect and validity to the acts OF recognized
states. In the case OF the Estrela "A Wheaton, 2ss)
the Court allowed commission issued by the un.
recognized republic OF venezuela as justhcation OF
capture. In the case OF the Josefe Segnnda %
wheaton, 672)-Venezuela being at the time unrecoR-
State-the Court said:-"It would indeed be unrea-
sonable and unjust to visit upon the innocent
we're this pe1 Que os s she OF woad
no difficulty In making the restitution which IL asked
for. But ID 1t SO; was the General Arismendl pl-
ratical cruisers The Court thinks not. Among the
exhibits 10 copy OF commission, which Is al tnat
IN such case can be expected, which appears to nave
been issued under the authority OF tho republic OF
Venezuela This republic Is composed OF the inhab-
ltants OF portion OF the dominion OF Spain, IN
south America, who have been Tor some time past
and still are maintaining contest for independ-
ence with the mother country. Although not &C
knowledged by our government as an Independents
tween them and his Catholic Majesty, In which the
United States maintains strict neutrality. Ia THIS
state OF things this Court cannot but respect the
beigerent rights OF both parties, and does not treat
as pirates the cruisers OF either 80 long as they ncI
under and within the scope OF their respective
missions. This capture, then, having been made
under regular commission OF the government OF
Venezuela the captOrs acquired thereby title to
the vessel ana Cargo which could only be diverted
by recapture OR by the sentence OF prize court OF
the country under whose commission the capture
was made"
The principle of these decisions ana others to the
same effect are entirely consistent with the rule de-
clared Ia Rose w. Himey "A Cranch, 292 and Its
kindred cases.
The belligerent right to neutral conduct springs
from the possession OF the stated law and does not
need to await any formal concession by the pOlit
cal branch OF the government. No recognition OF
can republics but they were at Oil times treated on
equal terms with SPAN In the courts Whether there
Is belllgerence Ii matter OF fact upon which the
court when administering law Will bear evidence
In Yrissari va. Clement u Car. Payne 223 1t was
decided that III foreign State ID recognized by this
which describes 1t q State to prove that It Is in
fact an existing State but II 1t be not so recog-
nlzed then such proof becomes necessary and may be
admitted.n "If body Of persons assemble together
to protect themselves, and support their own mde-
pendence and make laws, and have courts OF ius-
makes no difference whether they formerly be-
lOnged to another country not II they do not
tlnue to acknowledge 1t and are In possession OF
force sufficient to support themselves in opposition
TO it.D
These views are submitted In aid of NJ Morales
OF the government TO libel the thirty Spanish gun
boats now lying In this city and alleged to have been
0uilt and fitted out within the lmLs OF the United
States with the intent that they should be employed
to cruise and commit hosties against the citizens.
subjects and property oil the district and people now
under the de fdCtO government Of the republic Of
Cuba. am, sir, very respectfully yours,
GkOSVENOR p. LORNEY.