Now, the Southern Confederacy have ten States--they had seven when this commission was issued--with about eight millions of people. They have separate State governments, which have existed ever since the Union was formed, and which would exist if this revolution were entirely put down. They have excluded us from every part of their territory, except a little foothold in the Eastern part of Virginia, and "debateable ground" in Western Virginia. We have not yet been able to penetrate farther into the Confederate States. We cannot send even food to the hungry or medicine to the afflicted there. We cannot interchange the commonest acts of humanity with those of our friends who are shut up in the South. I do think, with the conceded fact looking directly into the face of the American people that, with all the millions at the command of the Administration, there is yet found sufficient force and power in the Confederate States to maintain their territory, their Government, their legislature, their judiciary, their executive, and their army and navy, it is vain and idle to say that they are not now in a state of civil war, and that they ought to be excluded from the humanities incident to that condition. Such an idea should not, I think, find sanction in either the heart, the conscience, or intelligence of any right-minded man. Not only are the facts already stated true, but the Confederate States have been RECOGNIZED AS A BELLIGERENT POWER by FRANCE and ENGLAND, as we have proved by the proclamations placed before you; and _they have been recognized_ by OUR _Government as belligerents, at least_. That I submit, as _a distinct question of fact, to the Jury_, unless the Court conceive that it is a pure question of law,--in which case I am perfectly content that the Court shall dispose of it. And where do I find this? I find it in the _admission of Mr. Lincoln, in his Inaugural Address, that there is to be no attempt at any physical coercion of these States_--a concession that it is a thing not called for, not consistent with the views of the Administration, or with the general course of policy of the American people. According to his view, there was to be no war. I find it in the _correspondence of General Anderson with Governor Pickens_, which has been read in the course of the trial--which of course has been communicated to the Government, will be found among its archives, and of which no disapprobation has been expressed. And here I borrow a doctrine from the District Attorney, who said, when I declared that the legislative branch of the Government had not given their declaration as to what was the true condition of the South, that their silence indicated what it was; and so, the silence of the Government, in not protesting against this correspondence, is good enough for my purpose.