Ernst Raven - Did Saxe-Coburg-Gotha Recognize The C.S.A.?

Did Saxe-Coburg-Gotha Recognize The C.S.A.?

As Eugene Berwanger writes, "In requesting the exequatur, Raven's government made clear that its request did not imply or extend diplomatic recognition." Raven had been the only consul in the Southern states to do so.

The Confederate Secretary of State, Judah P. Benjamin, on October 8, 1863 describes the Confederate position on the status of consuls under international law:

When the Confederacy was first formed, there were in our ports a number of British Consuls and Consular Agents, who had been recognized as such, not only by the Government of the United States, which was then the authorized agent of the several States for that purpose, but by the State authorities themselves. Under the law of nations, these officials are not entitled to exercise political or diplomatic functions, nor are they ever accredited to the sovereigns within whose dominions they reside. Their only warrant of authority is the commission of their own government; but usage requires that those who have the full grade of Consul should not exercise their functions within the territory of any sovereign before receiving his permission in the form of an exequatur; while consular agents of inferior grade simply notify the local authorities of their intention to act in that capacity. It has not been customary upon any change of government, to interfere with these commercial officials, already established in the discharge of their duties, and it is their recognized obligation to treat all governments which may be established, de facto, over the ports where they reside, as governments de jure.

Several other European nations (chiefly Great Britain) also maintained consuls in the Confederacy, but these were appointed previously to the United States Government; several acting consuls were, however, quietly accepted and permitted to act, before the Confederacy made an issue of this in May 1863.

Under other circumstances, an application for an exequatur for a consul can be regarded in international law as de facto recognition of a government.