Charles Sumner: his complete works, volume 09 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 09 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The same principle has received most authentic declaration in the
recent judgment of an able magistrate in a case of Prize for a
violation of the blockade. I refer to the case of the _Amy Warwick_,
tried in Boston, where Judge Sprague, of the District Court, expressed
himself as follows.
“The United States, as a nation, have full and complete
belligerent rights, which are in no degree impaired by the fact
that their enemies owe allegiance, and have superadded the
guilt of treason to that of unjust war.”[13]
Among all the judges called to consider judicially the character of
this Rebellion, I know of none whose opinion is entitled to more
consideration. Long experience has increased his original aptitude for
such questions, and made him an authority.
There is an earlier voice, which, even if all judicial tribunals had
been silent, would be decisive. I refer to Hugo Grotius, who, by his
work “_De Jure Belli ac Pacis_,” became the lawgiver of nations.
Original in conception, vast in plan, various in learning, and humane
in sentiment, this effort created the science of International Law,
which, since that early day, has been softened and refined, without
essential change in the principles then enunciated. His master mind
anticipated the true distinction, when, in definition of War, he wrote
as follows.
“The first and most necessary partition of war is this:
that war is _private_, _public_, or _mixed_. Public war is
that which is carried on under the authority of him who has
jurisdiction; private, that which is otherwise; _mixed, that
which is public on one side and private on the other_.”[14]
Public-domain text, read in full here on John Shaqi.
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