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
These I shall consider in their order, giving special attention to
the first, which is the pivot of the British complaint. If, in this
discussion, I expose grievances which it were better to forget, be
assured it is from no willingness to revive the buried animosities they
once so justly aroused, but simply to exhibit the proud position which
the United States early and constantly maintained.
* * * * *
A question of International Law should not be presented on any mere
_argumentum ad hominem_. It would be of little value to show that
Captain Wilkes was sustained by British authority and practice, if
he were condemned by International Law as interpreted by his own
country. It belongs to us now, nay, let it be our pride, at any cost
of individual prepossession or transitory prejudice, to uphold that
law in all its force, as it was often declared by the best men in our
history, and illustrated by national acts; and let us seize the present
occasion to consecrate its positive and unequivocal recognition. In
exchange for the prisoners set free, we receive from Great Britain a
practical assent, too long deferred, to a principle early propounded
by our country, and standing forth on every page of our history. The
same voice that asks for their liberation renounces in the same breath
an odious pretension, for whole generations the scourge of peaceful
commerce.
Great Britain, throughout her municipal history, has practically
contributed to the establishment of freedom beyond all other nations.
There are at least seven institutions or principles which she has
given to civilization: first, the trial by jury; secondly, the writ of
_Habeas Corpus_; thirdly, the freedom of the press; fourthly, bills
of rights; fifthly, the representative system; sixthly, the rules and
orders of debate, constituting Parliamentary Law; and, seventhly,
the principle that the air is too pure for a slave to breathe,--long
ago declared, and first made a conspicuous reality, by British law.
No other nation can show such peaceful triumphs. But, while thus
entitled to gratitude for glorious contributions to Municipal Law, we
turn with dissent and sorrow from much which she has sought to fasten
upon International Law. In municipal questions, Great Britain drew
inspiration from her own native Common Law, instinct with freedom; but,
especially in maritime questions arising under the Law of Nations, this
power seems to have acted on that obnoxious principle of the Roman Law,
positively discarded in municipal questions, _Quod principi placuit
legis vigorem habet_, and too often, under this inspiration, imposed
upon weaker nations her own arbitrary will. A prerogative of the
English monarch, mentioned in very express and pompous terms by early
writers, was “the Custody of the Sea,” and he is frequently styled “The
Sovereign Lord and Proprietor of the Sea.” But beyond these titles,
the time has been when she pretended to actual sovereignty over the
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