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
There is yet another question which remains. Assuming that despatches
are contraband, would their presence on board a neutral ship, sailing
between two neutral ports, render the voyage illegal? The mail steamer
was sailing between Havana, a port of Spain, and St. Thomas, a port
of Denmark. Here again, if we bow to English precedent, the answer is
prompt. The British oracle has spoken. In a well-considered judgment,
Sir William Scott declares that despatches taken on board a neutral
ship, sailing from a neutral country and bound for another neutral
country, are contraband,--but that, where there is reason to believe
the master ignorant of their character, “it is not a case in which the
property is to be confiscated, although in this, _as in every other
instance in which the enemy’s despatches are found on board a vessel_,
he has justly subjected himself to all the inconveniences of seizure
and detention, and to all the expenses of those judicial inquiries
which they have occasioned.”[99] Such is the Law of Nations according
to Great Britain.
Even if this rule had not been positively repudiated by the United
States, it is so inconsistent with reason, and, in the present
condition of maritime commerce, so utterly impracticable, that it can
find little favor. If a neutral voyage between two neutral ports is
rendered illegal on this account, then the postal facilities of the
world, and the costly enterprises by which they are conducted, are
exposed to interruptions under which they must at times be crushed, to
the infinite detriment of universal commerce. If the rule is applicable
in one sea, it is applicable in all seas, and there is no part of the
ocean which may not be vexed by its enforcement. It would reach to the
Mediterranean and to the distant China seas as easily as to the Bahama
Channel, and be equally imperative in the chops of the British Channel.
Not only the stately mail steamers traversing the ocean would be
subject to detention and possible confiscation, but the same penalties
must attach to the daily packets between Dover and Calais. The simple
statement of such a consequence, following directly from the British
rule, throws instant doubt over it, which the eloquent judgment of Sir
William Scott cannot remove.
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