Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Among frequent means for the determination of international questions
are mixed courts or mixed commissions in various forms, where
different nations are represented. Such tribunals are the natural
incident of treaties, and were recognized as such at the beginning of
our history. Nor is it easy to see how treaties can be consummated
without their ancillary help. A mixed commission, where our country
was represented, sat at London under Jay’s Treaty, deciding numerous
cases; and similar commissions have been sitting ever since. The Jay
Commission was originally criticized on the ground that judicial power
cannot be vested except according to the Constitution,[305]--being
the very objection to mixed courts in anti-slave-trade treaties, that
occupied so much attention at a later day, and to which I am now
replying. But nobody now doubts that this commission was proper. The
proposed tribunal, though differing in purpose, proceeds from the same
fountain of power. It is kindred in character and origin. Now, without
considering if the objection to mixed courts is not equally strong
against a crowned head as arbitrator, as when the French Emperor sat
in judgment on the long-pending litigation between the United States
and Portugal in the _General Armstrong_ case, it is obvious that all
the international tribunals constituted by treaty, whether an emperor
or a commissioner, are sustained by unbroken usage as well as by
reason. To insist that the restrictions of the Constitution, evidently
intended for the national judicature, are applicable to these outlying
tribunals, is to limit the treaty power and to curtail the means of
justice beyond the national jurisdiction. Mixed courts are familiar to
International Law, and our country cannot afford to reject them, least
of all on a discarded technicality which would leave us isolated among
nations.
* * * * *
It remains only that we make haste to ratify the treaty, nor miss the
great opportunity. A moment lost is a concession to crime. Therefore
must we be prompt.
Foreign nations will not fail to recognize this open pledge to Human
Rights, and the Rebels will discern a new sign of the national purpose.
Abroad and at home we shall be strengthened. The Rebellion itself will
feel the blow, and ambitious Slavery foresee its doom.
As soon as the vote was announced in the Senate, Mr. Sumner
hastened to Mr. Seward at the State Department. It was five
o’clock in the afternoon, and the Secretary was reposing
on a sofa. On hearing the words, “The treaty is ratified
unanimously,” he exclaimed, “Where ---- were the Democrats?”
His joy was great, and Lord Lyons, on learning the result, was
not less happy. It is much in a diplomatic career to sign any
treaty, but it was an event to have signed a treaty promising
the final extinction of an infinite scandal and curse to
humanity.
Public-domain text, read in full here on John Shaqi.
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