Today in History:

1328 Series I Volume XLVIII-I Serial 101 - Powder River Expedition Part I

Page 1328 LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter LX.

and aggression, has done enough to establish a character of external sovereignty, and has a just right to claim all the privileges and immunities and courtesies accorded to sovereign powers whose flags reflect the light and the glory of centuries. The recognition of the Confederate States as a belligerent by the governments of both hemispheres imparts to their property the character of nationality and secures it from arrest, detention, or seizure while upon the soil of a neutral. Property captured by our cruisers has been respected accordingly by the great powers of Europe. This recognition of the Confederate States as a belligerent is strictly in accordance with the laws of nations and has the sanction of the civilized world. Wheaton lays it down as a principle, that "If the foreign State professes neutrality it is bound to allow impartially to both belligerents the free exercise of those rights which war gives to public enemies against each other. "-Elements International Law, sixth American edition, section 7.

Now, if the Government of Mexico assumes the character of a neutral it is bound to respect equally the rights of the belligerents. Would that Government justify the seizure, detention, and sale of property belonging to the United States and within the limits of the empire under similar circumstances? It would be an anomaly to recognize the Confederate States as a belligerent and at the same time deny them the rights properly accruing from the recognition. Allow the principle that the property of a State may be seized for the satisfaction of creditors by virtue of a writ from any court because it may be upon foreign soil would be ruinous. Then a British bondholder could attach the funds of Mexico in the branch of the great national bank at Paris, or seize upon the supplies for the Imperial army, whether stored at Hamburg, Amsterdam, or Liverpool. The assumption that non-recognition divests property of national character and exemptions would be attended with like inconveniences and dangers to the public interests of the State owning it. Under this rule an American bondholder could attach and ultimately sell cannon, ammunition, clothing, or provisions purchased and paid for by the Imperial Government of Mexico and found anywhere without the territories of the Emperor. The commerce now being carried on by the Confederate States through their authorized agents and their citizens with Mexico was established by the consent of the Mexican authorities and guaranties of protection were given. The right to seize upon property of the Confederate States for the satisfaction of creditors was not claimed and would not have been accorded by the agents or representatives of the Confederate Government. The exercise of that right now by Mexico would be an act of bad faith. The Confederate Government has done and will do all in their power to satisfy the demands of all their creditors. These suggestions are presented for consideration with an assurance on the part of the Confederate Government that you entertain for them and the cause they are fighting for the most friendly feeling of neutrality, and that your powerful influence will be exerted in their behalf in preventing the consummation of acts which cannot promote the interests of either Government. The evidences of wisdom, moderation, and far seeing statesmanship which have characterized the Imperial Government are but so many guaranties that the Confederate Government can rely with confidence upon the Emperor for a decision based on a love of justice and a profound veneration for the great principles involved.

I have the honor to renew my assurances of regard and esteem. Your very obedient servant,

JAS. E. SLAUGHTER,

Brigadier-General, Commanding.


Page 1328 LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter LX.