Charles Sumner: his complete works, volume 08 (of 20) — John Shaqi
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
Such is unbroken testimony, in the most solemn form, to the policy
of our Government. In some of the treaties the exception is simply
“soldiers,” in others it is “officers or soldiers.” Observe, too,
that every treaty testifies to the opinions of the Administration
that negotiated it, and of at least two thirds of the Senate that
ratified it,--so that this large number of treaties constitutes a
mass of authority from which there can be no appeal, embracing all
the great names of our history. It is true that among these treaties
there is none with Great Britain; but it is also true that this is
simply because our mother country refused assent, when this principle
was presented as an undoubted part of International Law which our
Government desired to confirm by treaty.
Clearly and beyond all question, according to American principle and
practice, the ship was not liable to capture on account of the presence
of emissaries, “not soldiers or officers”; nor could such emissaries be
legally taken from the ship. But the completeness of this authority is
increased by the concurring testimony of the Continent of Europe. Since
the Peace of Utrecht, in 1713, the policy of the Continental States
has generally refused to sanction the removal of enemies from a neutral
ship, unless military men in actual service. And now, since this debate
has commenced, we have the positive testimony of the French Government
to the same principle, given with special reference to the present
case. M. Thouvenel, the Minister of the Emperor for Foreign Affairs,
in a recent letter communicated to Mr. Seward, and published with the
papers before the Senate, earnestly insists that the Rebel emissaries,
not being military persons actually in the service of the enemy, were
not subject to seizure on board a neutral ship.[91]
I leave this question with the remark, that it is perhaps Great Britain
alone whose position here can be brought into doubt. Originally a
party to the Treaty of Utrecht, this imperial power soon saw that its
provisions in favor of Maritime Rights interfered plainly with that
dictatorship of the sea which Britannia was then grasping. Maritime
Rights were repudiated, and her Admiralty Courts have ever since
enforced this repudiation.
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