CO129-410 - Governor Sir May - 1914 [3-5] — Page 77

or any other Canse. Chas virtually and, substantially abandoned the struggle for supremacy it has no right to complain if a foreign State treat the independence of its former subjects as de facto established; nor I can it prolong its sovereignty by a mere paper assertion of right. When, on the other hand, the contest is not absolutely or permanently decided, a recognition of the inchoate independence of the insurgents by a foreign State is a hostile act towards the Sovereign State which the latter is entitled to resent as a breach of neutrality and friendship. The true rule is that laid down in the old distich, Rebellion, until it has succeeded, is Treason; when it is successful, it becomes Independence.' And thus the only real test of independence is final SUCCESS. Accepting this rule that "the real test of Independence is final success" can it be contended with any show of authority that the rebellion over succeeded, or that it permanently established indepen- donce? to use the language of Hell.

United States of America v. McRae, 8 Eq., 75, was relied on. This case was decided in 1869, some five years after the close of the Civil War in the United States of America, and claimed an account of money which came to the hands of the defendant as agent of the pretended Confederate Government during the late insurrection." and it was decided inter alia that upon the suppression of a rebellion the restored legitimate Govern- ment is entitled as of right to all moneys, goods and treasure which were public pro- perty of the government at the time of the ontbreak; such right heing in 110 way affected by the wrongful seizure of the property by the usurping government. Now it was contended on behalf of the fugitive that the position of the province of Kwang- tang was identical or analogous with that of the Federal States during the war in ita early stages, and that Chan's declaration was effective to divest possession from the government and to, rest it in the rebel government. Further. that at Chan's declaration of Independence the Provincial Government came to an end, and that with the subsequent cancellation of Independence by Yuay Shih-kaj the authority of the Central Government revived and any rights which are consequent are in the Central |"Government. I Rm unable to see how McRae's case is an authority for these pro- positions. After referring to rights in property upon the suppression of a rebellion seized during such rebellion, Sir W. James V.C. said, "I apprehend it to be the clear public universal law that any government which de facto succeeds to any other govern- ment, whether by revolution or restoration, conquest or reconquest, succeeds to all the public property, to everything in the nature of public property, and to all rights in respect of the public property of the dis- placed power, whatever may be the nature or origin of the title of such displaced power. Any such public money in any treasury, any such public property found

any kwarehouses. forts or arsenals. would, on the success of the new or restored power, vest Lipso facto in such power; and it would have the right to call to account any fiscal or gaur agent, or any debtor or accountant to For of the persons who had exercised and "had ceased to exercise the authority of a government, the agent, debtor, or accountant baving been the agent, debtor or accountant of such persons in their character or pre- tended character of a government. But this right is the right of succession, is the right of representation, is a right not paramount, but derived, I will not say under, but through. the suppressed and displaced authority, and can only be enforced in the same way, and to the same extent, and subject to the same correlative obliga- tions and rights as if that authority had not been suppressed and displaced and was itself seeking to enforce it." The de facto government here referred to is clearly the United States Government and not the

Government

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