Government of the Confederate States, and no sovereign could pass upon the act, much less an inferior court, unless by express permission of that Government. Should the judge of the district court of Matamoras proceed in the face of these facts, in my opinion he would utterly violate the plainest principles of international law, and also the adjudications of the courts of the most enlightened nations. The French tribunals have decided that no proceeding can be carried on against property of any kind belonging to a foreign sovereign:

Aucune poursuite ne peut etre exercee contre les biens de toute espece appartenant a un gouvernement etranger. Il a ete juge que personne ne peut former en France une saisie arret sur les fonds d'un gouvernement etranger, et que les tribunaux sont incompetents pour etablir sur la validite de cette saisie arret. -Foelix, Droit international prive, page164. Quoted by Wheaton, pages 152-3, bottom note.

The particular case cited-copy of certificate accompanies-was an impressment, a loan, or a spoliation. If the former, the consequences of its legality or illegality have already been discussed. If a loan, it is a debt due the party and is governed by the laws and comity of nations, and for those reasons cannot be adjudicated by a foreign court unless by consent of the Confederate States. If a spoliation committed by our own Government upon the property of a Mexican citizen, it is not a question to be decided by courts but a political question to be adjusted by the two Governments. In the event of a failure or refusal on the part of the Confederate Government to make restitution, the Government of Mexico would have the right as a dernier resort to make reprisals upon our property to indemnify it; but no such power is vested in any tribunal, much less an inferior court of that country. The right of the Confederate States to immunity with respect to their property on the high seas, in the ports, or within the territories of neutral powers arises from the principles of public comity and convenience extended among sovereigns and the presumed consent of nations, as evinced by usages and customs and the immunity is presumed to exist as a part of civilizations, and is to be allowed until expressly retracted, and this presumption is presumed to be a part of the voluntary and adopted laws of nations. It rests upon the same basis which exempts a sovereign or his ambassador from arrest or detention in a foreign country, also his ships in foreign ports, &c. The fact that the Confederate States have not been recognized by other powers does not preclude them from claiming and enjoying the immunities accorded to other nations. The law of nations accords to them the status of a sovereign. The intended sovereignty of a state now not in any degree depend upon its recognition by other states. A new state springing into existence does not require the recognition of other states to confirm its internal sovereignty. The existence of the state de facto is sufficient in this respect to establish its sovereignty de jure. It is a state because it exists. -Wheaton's Elements, sixth American edition, page30, paragraph 6.

A nation with an organized government, with the whole machinery of the different departments in effective operation, an immense army in the field, cannot be denied international sovereignty. A nation having armed vessels upon the high seas, flying its flag from their master-heads; granting letters of marque and reprisal; capturing enemies' property, declaring what is contraband of war, w hose ships enter foreign ports on a footing with other national vessels, purchase supplies, and are allowed to be repaired at public docks; whose enemy recognizes her as a belligerent by the exchange of prisoners captured upon land and sea, and in many other ways; which has sustained the shock of four years' war with a government rich in all the elements of power