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
“All the above articles, _and none others_, shall be subject to
confiscation, whenever they are attempted to be carried to an
enemy.”[96]
Thus we have not only words of enumeration without mention of
“despatches,” but also words of exception. These testimonies constitute
the record of our nation on this question.
Here it may be remarked, that, while decisions of British Admiralty
Courts are freely cited, there are none of our Supreme Court. If any
existed, they would be of the highest value; but there are none, and I
can imagine no better reason than because the question is so settled by
treaties and diplomacy as to be beyond judicial inquiry.
The conclusion follows, that, according to American principle and
practice, the ship was not liable on account of despatches on board.
And here again we have the testimony of Continental Europe, if we may
accept the statement of Hautefeuille, and it would seem also that of
the French Government, in the recent letter of M. Thouvenel.
The French champion of neutral rights vindicates the immunity of
despatches against English construction in pointed language.
“We must be permitted to protest against the pretension
set up by the Americans of considering the transportation
of despatches as an act of contraband, and consequently of
maintaining that the stopping of the Trent is justified by
the fact that there were found on board despatches of the
Confederate Government. This pretension, which has always been
maintained by England, and which even at the present day is
still avowed by its journals, is wholly contrary to all the
principles of International Law.”[97]
But Continental testimony is not uniform. So considerable an
authority as Heffter recognizes the liability of a neutral vessel for
“_voluntarily_ forwarding despatches to or for a belligerent.”[98] This
is on general grounds, independent of treaty or national usage.
Even if the ship were liable, so that Captain Wilkes would have been
justified in bringing the Trent into port for adjudication, it does
not follow that the two Rebels could be summarily seized and taken
therefrom. Here again we are brought to that American principle which
condemns the pretension of seizing even enemies on board a neutral
vessel, unless they are soldiers in actual service, and has constantly
cried out against the desecration of our decks by British officers
seizing our peaceful sailors under claim of allegiance to the British
crown.
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