Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The confidence reposed had its responsibilities increased
by his position as Chairman of the Committee on Foreign
Relations, and, when the surrender was announced, Mr. Sumner
felt it a duty to do what he could in reconciling the people
to his conclusion, especially as he was satisfied that the
original taking of the Rebels could not be justified without
adopting most obnoxious British precedents. Besides, reform in
Maritime Law seemed to be involved in the discussion, and he
was not without hope of contributing to this important result.
Therefore he made an early occasion to address the Senate on
the subject.
In his speech Mr. Sumner brought into strong relief the early
and long continued pretension of England to enter our ships and
take our sailors without trial of any kind, as Captain Wilkes
had entered the Trent and taken the Rebel agents. In presenting
this point, he was determined not only by the London press,
which adopted the original American objection to any such entry
and taking, but also by the unpublished opinions of the law
advisers of the Crown, which he had before him in manuscript.
The capture of the Rebels was known in London on the evening
of 27th November. But some time before, on an intimation that
such an attempt might be made, the British Government had asked
the opinion of the law officers on the questions involved
in such an act. An answer was returned, bearing date 12th
November, which was signed by the Queen’s Advocate-General, the
Attorney-General, and the Solicitor-General. In this opinion
it was stated: “The United States ship of war may put a prize
crew on board the West India steamer and carry her off to a
port of the United States for adjudication by a Prize Court
there; _but she would have no right to remove Messrs. Mason and
Slidell and carry them off as prisoners, leaving the ship to
pursue her voyage_.” This opinion was supposed to have greater
value because it was given sixteen days before anything on the
subject had appeared in the London press. Afterwards the case
of the Trent was submitted to these law officers, and on the
28th of November they gave another opinion in accordance with
the former, where they say: “From on board a merchant ship of a
neutral power, pursuing a lawful and innocent voyage, _certain
individuals have been taken by force. They were not apparently
officers in the military or naval service of the Confederate
Government._” They conclude that Her Majesty’s Government “will
be justified in requiring reparation for the international
wrong which has been on this occasion committed.” In conformity
with this opinion, Earl Russell, in his letter demanding the
surrender, treated it simply as a forcible taking of “certain
individuals” from an innocent British vessel at sea by an
Public-domain text, read in full here on John Shaqi.
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