When that state of facts shall occur, and a people sufficiently numerous to enable them to fulfill the duties of a nation, and with a territory sufficiently compact to enable its Government to execute its functions without inconvenience to the world, shall evince its purpose and a fair assurance of its ability to maintain an independent Government, it will be a surprise, indeed, to hear, in this country, that such a people are still liable to felons' punishment and pirates' doom. It is no longer a case of insurrection or turbulent violence. It has ceased to be a tumult or a riot. The war between the original Government and the revolutionary Government may still continue, but no longer can it, with propriety, be said that the army is merely the _posse comitatus_, dispersing and arresting offenders against the law. The conflicting parties must, at least for the time, be deemed two distinct people--two different nations. The evidence in this case and the public history of the day, show that such is the condition of the United States and the Confederate States. In addition thereto, the United States have, by repeated acts, indicated that they so regarded the fact. The principal witness for the prosecution testified that he repeatedly saw the officers of the United States negotiating, through flags of truce, with the officers of the Confederate States; and that always the flag of truce from the Confederate States was displayed with their Government flag, but that fact never prevented the negotiation. This was well known to our Government. We have in evidence, also, the agreement of capitulation at the surrender of the Forts at Hatteras Inlet. The representative of the United States signed that official document and accepted it for his Government, with the signature of Commander Barron to it as "commanding the forces of the Confederate States," etc. That was a virtual recognition that there is such a Government, _de facto_.