Year: 1862

Ii is now more than year since the appeal to
arms made. This appeal was for the de
cision of something. 1t was not for the mere
purpose of asserting power on either side, but it
was intended 10 prove and establish power on
one or the other. The nineteenth century is not
an age when force is the test of right, or physical
superiority the title to governmental power On
the contrary, in this age of all ages the decision
of great questions is submitted to the arbitration
of reason, and of the laws which govern national
policy, nor is it often, except in the Of civil
izatiOn against barbarsm, that mere power is per
mitted to decide any question between two great
nations, in favor of the strongest and against
manifest right Most national disputes set
tied by diplomacy, and although the extent of
commerce. and the outspreading interests Of all
great nations. have led to more frequent collisions
than IN former ages, yet wars are comparatively
unfrequent, and a score of subjects of dispute are
settled by reason, which would formerly
have led to battle. But the necessary result of
this state of society and Of international practice
is to make appeal to productive of more
definite and certain results than formerly. 1t
was not impossible in old times for two great ma
tons to remain hostile for years, even for gen
erations. The present century has known such
hostities extending over from the past ages.
But are in a different time now. The public
sentiment of nations forbids such wars. The
community Of interest which all nations have in
commerce is now understood as authorizing the
world 70 interfere when war becomes a mere
hostility and ceases to be the decision of great
question. Thus il happens that war may now be
regarded as an appeal which like the ancient
combat in The lists decides in presence of the ma
tions of the earth who are umpires, the question
on which the contest has originated. Ii is not the
age for long and fruitless wars OF races or feuds
of factions. When the deciding point is reached
when in the presence of the umpires the victory
is won, then civilization demands that the war
close. and the peace of the world be restored.


This is not an absolute fact, but it is the ten
deney of the century, and of the international
comfy now established.


Applying il to America, and the present state
of our affairs, we notice that part of the nation
are in rebellion and that this rebellion manifested
itself in the establishment of a nominal govern
meRt within the boundaries Of the American
Union. The United States declared this Govern
ment of the Confederate States fiction, denied
its existence and pronounced its upholders rebels
The insurrection claimed to be Government, to
be able to establish position as such, and when
the United States refused TO acknowledge or rec
Ognize it, the appeal TO arms was ut once and sud-
denly made. This appeal therefore in fact
intended 10 decide the qustion whether the insur
rection had physical power to maintain Govern
ment within the boundaries of the United States.
If successful in the war. the nations OF the world
III
must be regarded as decided against them, and
the judgment of the nations must be accordingly.
But when is the question or success or failure de-
termined. There IS no organized court, no tribu-
nal before which the parties rest, and ask judg
ment There must be a point at which the deci-
sion is rendered, and at that point, according to
the received rules of the age, the prosecution of
the war by the unsuccessful party ceases to be
any longer an appeal TO the worlds great national
nj Aa,r nj
festation of hostility, and nothing more. When
the contestant is a revolutionary body seeking to
establish a recognized Government and the re-
suit of the experiment is pronounced by the clear
voice of the nations, to be failure then the rev
Outi0nists must submit. or be regarded thence
forward as outlaws and disturbers Of the peace of
the world. If they continue to fight they fight
as rebels resisting law, not as men engaged be-
fore the world in the trial Of question of unver-
sal interest. They in fact cease to be national
belgerents and become individual rebels


The appeal to arms. therefore, which made
year ago, il ON the point of a final decision.
Victory at Yorktown will determine, perhaps
finally, certainly with great Appearance of inaty,
tho ability Of the rebellion 10 become Govern
ment. IL the decision Is against the insurrec-
tion the nations of Europe will so signify their
opinion, and this opinion will necessarily stamp
future resistance the part Of the revolutionists
as the desperate struggle Of men who are. in the
ewes Of the world, 20 be regarded az prosecuting
a useless and murderOus strife.


IL must be remembered that these some
what new points Of consideration in international
law But the course taken by European nations
Ia our quarrel makes il necessary 20 discuss and
determine some novel principles When England
and France acknowledged the Southern Confed-
ei-rcy "A n belligerent power. they did it che
principle that we have stated. They regarded
the appeal 20 arms as. in some sort, an appeal to
European decision. They accepted the appeal
and stated their acceptance by saying. I'VE re-
eoenize this as a war between two peoples. to
decide a question, IN which we as nations have
an interest, and we wait the decision But hav-
ing taken this position, they are compelled to a
further step, not wholly settled by international
law. a. yet They must at some time acknowl
edge the beiligereut as a nation or withdraw al
kn0wledge and recognition Of him whatever
When shall they take the latter course? The
former practice has well enough settled the ques
fion when they may acknowledge new nation
But this new system Of acknowledging belIger
enfs. raises nek question as to the proper mo
meat in which 70 decide that the belIigerent ha.
ceased TO be such and become an outlaw and Z
pirate


Supposhg that victory rests with the Union
and battle after battle IS fought until the rebel
lion is absolutely crushed by force, yet fev