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
If the immunity of neutral ships needed further confirmation, it would
be found again in the concurring testimony of the French Government,
conveyed in the recent letter of M. Thouvenel,[104]--which is so
remarkable for its brief, but comprehensive, treatment of the questions
involved in this controversy. I know not how others may feel, but I
like to believe that this communication, when rightly understood, may
be accepted as a token of friendship for us, and also as a contribution
to those Maritime Rights for which France and the United States in
times past have done so much together. This eminent minister does not
hesitate to declare, that, if the flag of a neutral cannot completely
cover persons and merchandise in a voyage between two neutral ports,
then its immunity will be but a vain word.
* * * * *
As I conclude what I have to say on contraband in its several
divisions, I venture to assert that there are two rules in regard to it
which the traditional policy of our country has constantly declared,
and has embodied in treaty stipulations with every power that could be
persuaded to adopt them: first, that no article is contraband, unless
expressly enumerated and specified as such by name; secondly, that,
when such articles, so enumerated and specified, are found by the
belligerent on board a neutral ship, the neutral shall be permitted
to deliver them to the belligerent, whenever, by reason of bulk or
quantity, such delivery is possible, and then the neutral shall,
without further molestation, proceed with all remaining innocent cargo
to his destination, being any port, neutral or hostile, not at the time
actually blockaded.
Such was the early fixed policy of our country with regard to
contraband in neutral bottoms. It is recorded in several of our
earlier European treaties. Approximation to it is found in other
European treaties, showing our constant effort in this direction.
But this policy was not supported by the British theory and practice
of International Law, especially active during the wars of the
French Revolution; and to this fact may be ascribed something of the
difficulty which our Government encountered in effort to secure for
this liberal policy the complete sanction of European nations. But in
negotiations with the Spanish-American States the theory and practice
of Great Britain were less felt; and so to-day that liberal policy,
embracing the two rules touching contraband, is, among all American
nations, the public law, stipulated and fixed in solemn treaties. I do
not quote texts, but I refer to all these treaties, beginning with the
convention between the United States and Colombia in 1824. These rules,
if not directly conclusive on the question of contraband, at least
help to exhibit that spirit of emancipation with which our country has
approached the great subject of Maritime Rights.
* * * * *
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