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Raphael Semmes, Memoirs of Service Afloat During the War Between the States, Chapter 29: (search)
ecause it may be called an insurrection by one side, and the insurgents be considered as rebels and traitors. It is not necessary that the independence of the revolted Province or State be acknowledged, in order to constitute it a party belligerent in a war, according to the laws of nations. Foreign nations acknowledge it as a war, by a declaration of neutrality. The condition of neutrality cannot exist, unless there be two belligerent parties. In the case of the Santissima Trinidad (7 Wheaton, 337) this court says: The Government of the United States has recognized the existence of a civil war between Spain and her colonies, and has avowed her determination to remain neutral between the parties. Each party is, therefore, deemed by us a belligerent, having, so far as concerns us, the sovereign rights of war. The belligerent character of the Confederate States was thus acknowledged by the highest judicial tribunal of the United States, and the prizes were condemned to the cap